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The U.S. Department of Justice cannot spend money to prosecute federal marijuana cases if the defendants comply with state guidelines that permit the plant's use for medical purposes, a federal appeals court ruled Tuesday.
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While the sale of the plant is still illegal under federal law, the U.S. Congress passed a budget rule in 2014 that prohibits the DOJ from using federal funds to interfere in the implementation of state marijuana regulations.
Due to this rule, defendants in 10 cases in California and Washington argued that their federal charges should be dismissed.
The 9th U.S. Circuit Court of Appeals in San Francisco, which covers nine Western states, agreed, ruling unanimously Tuesday that the DOJ cannot spend money on prosecutions so long as defendants "strictly complied" with all state regulations.
The ruling was issued by a three-judge panel, two of whom are Republican appointees with a history of pro-law enforcement opinions.
Despite the outcome, however, Judge Diarmuid O'Scannlain wrote that medical marijuana purveyors should not feel immune from federal law.
"Congress could restore funding tomorrow, a year from now, or four years from now," he wrote, "and the government could then prosecute individuals who committed offenses while the government lacked funding."
Medical marijuana is currently allowed in 25 U.S. states.
In November, California and eight other states will consider whether to allow marijuana for recreational use. Colorado, Washington, Oregon, Alaska and the District of Columbia have already legalized recreational marijuana use.
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