Budgetary provisions enacted by Congress in 2014 forbid the Justice Department from taking action against medical marijuana providers who are operating in compliance with state law, a federal judge for the northern district of California determined earlier this week.
The ruling, issued by US District Court Judge Charles Breyer, rejects the Justice Department’s ‘tortured’ interpretation of the statute (Section 538 of the Continuing Appropriations Act of 2015) and affirms that the “plain reading” of the law prohibits the federal government from spending funds in a manner that interferes with a state’s ability to authorize the use, distribution, possession, or cultivation of medical marijuana. Consequently, the statute forbids the federal government from taking actions that would result in the closure of state-compliant medical cannabis facilities, the Court opined.
Breyer ruled: “It defies language and logic for the Government to argue that it does not ‘prevent’ California from ‘implementing’ its medical marijuana laws by shutting down these … dispensaries, whether one shuts down one, some, or all. … [C]ontrary to the Government’s representation, the record here does support a finding that Californian’s access to medical marijuana has been substantially impeded by the closing of dispensaries.”
He added: “[T]he legislative history of Section 538 points in only direction: away from the counter-intuitive and opportunistic meaning the DOJ seeks to ascribe to it now. … [T]he statutory language … is plain on its face [and] the Court must enforce it according to its terms.”
Breyer’s ruling removes an injunction that had forbidden the Marin Alliance for Medical Marijuana from operating. The injunction had been in effect since federal officials took action to close down the facility in 2011 as part of a statewide crackdown against dispensary operators.
Although Section 538 was included as part of a fiscal year 2015 spending bill, the language is expected to be renewed by Congress later this year as part of a FY 2016 appropriations measure.
Fifty-eight percent of Americans believe that “the use of marijuana should be made legal,” according to nationwide polling data released today by Gallup.
The percentage ties the highest level of support ever reported by Gallup, and is more than twice the level of support reported in the mid-1990s.
Younger Americans, Democrats and independents are the most likely to favor legalizing cannabis, while Republicans and Americans over the age of 65 are least likely to do so. Among those poll respondents age 18 to 34, 71 percent endorse legalization. Among respondents age 35 to 49 years of age, 64 percent support legalizing marijuana.
“Americans’ support for legalizing marijuana is the highest Gallup has measured to date, at 58 percent,” pollsters concluded. “Given the patterns of support by age, that percentage should continue to grow in the future. Younger generations of Americans have been increasingly likely to favor legal use of marijuana as they entered adulthood compared with older generations of Americans when they were the same age decades ago. … Now senior citizens are alone among age groups in opposing pot legalization.
“These trends suggest that state and local governments may come under increasing pressure to ease restrictions on marijuana use, if not go even further like the states of Colorado, Oregon, Washington and Alaska in making recreational marijuana use completely legal.”
The 2015 Gallup poll possesses a margin of error of +/- 4 percent.
Commenting on the latest polling data, NORML Deputy Director Paul Armentano said: “Supporting the status quo — the notion that marijuana and those adults who consume it responsibly ought to be criminalized — is now a fringe position in America. These results ought to embolden campaigning politicians, as well as elected officials, to take a more pronounced stance in favor of legalizing and regulating cannabis in a manner that is consistent with the desires of the majority of their constituents.”