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Article • November 2, 2015 • from P&J November, 2015
U.S. v. Marin Alliance for Medical Marijuana, No. C-9800086-CRB (N.D.Cal.) (139 F.Supp.3d 1039) (October 19, 2015) (Judge Charles R. Breyer) by This case has been before the courts for some 17 years; and it involves the intractable battle between the Federal Government and any states that have had the audacity …
Article • December 24, 2012 • from P&J December, 2012
U.S. v. Duval, No. 11-20594 (E.D.Mich.) (865 F.Supp.2d 803) (March 30, 2012) (Judge David M. Lawson) by This case presented a series of high-stakes and fascinating questions that are likely to be raised frequently in future Federal marijuana prosecutions as more and more states carve out exceptions for the use …
Article • September 6, 2010 • from P&J September, 2010
U.S. v. Friel, No. Crim. No. 06-25-P-H (D.Me.) (699 F.Supp.2d 328) (March 29, 2010) (Judge D. Brock Hornby) by We have to applaud defendant Dennis Friel for his brave and highly imaginative efforts to amend his conditions of supervised release in this case. He was convicted in 2006 of possession …
Article • February 1, 2007 • from P&J February, 2007
Raich v. Gonzales, No. 03-15481 (9th Cir.) (500 F.3d 850) (March 14, 2007) (Judge Harry Pregerson) by From the Decision of the Day Blog: Raich Update: Ninth Denies Relief in Medical Marijuana Remand March 14th, 2007 Anyone who has been following the medical marijuana movement knows Angel Raich: she has …
Article • May 1, 2005 • from P&J May, 2005
Gonzales v. Raich, No. 03-1454 (U.S. Supreme Court) (545 U.S. 1; 125 S.Ct. 2195) (June 6, 2005) (Justice Stevens) by Relying on the Court's 1942 decision in Wickard v. Filburn, the Court held, by a vote of 6-to-3, that Congress had the authority to make it a crime to grow …
Article • November 1, 2003 • from P&J November, 2003
Raich v. Ashcroft, No. 03-15481 (9th Cir.) (352 F.3d 1222) (December 16, 2003) (Judge Harry Pregerson) by Here, a divided panel upheld a constitutional challenge to a portion of the Controlled Substances Act of 1970 (21 U.S.C. §§ 802(6) and 812(a)), holding that patients who take marijuana pursuant to a …
Article • November 1, 2003 • from P&J November, 2003
U.S. v. Landa, No. CR 02-0220 WHA (N.D.Cal.) (281 F.Supp.2d 1139) (July 31, 2003) (Judge William Haskell Alsup) by After the three defendants in this case were charged with participating in a “large-scale” marijuana-cultivation venture, they pled guilty to maintaining a place for the manufacturing of marijuana, in violation of …
Article • August 1, 2003 • from P&J August, 2003
U.S. v. Rosenthal, No. CR 02-0053 (CRB) (N.D.Cal.) (266 F.Supp.2d 1091) (June 9, 2003) (Judge Charles R. Breyer) by In response to the defendant's assertion of a defense of medical marijuana, the Court granted him a significant downward departure, both because he was eligible for the safety valve and because …