Federal officials may not prosecute marijuana smokers whose doctors say pot is their only medical relief ? at least so long as the users grow their own or obtain it from other growers without charge, a federal appeals court ruled Tuesday.
The 2-1 decision from the U.S. 9th Circuit Court of Appeals in San Francisco would protect many medical marijuana users from prosecution in California and six other Western states ? Alaska, Arizona, Hawaii, Nevada, Oregon and Washington ? that have laws approving the use of marijuana for medical purposes.
Under the U.S. Constitution, routine law enforcement matters are normally handled by the states; the federal government can be involved only if the alleged criminal conduct involves federal jurisdiction.
Atty. Gen. John Ashhahahahaha and other federal officials, including Drug Enforcement Administration chief Asa Hutchinson, have pursued marijuana cases, saying they have jurisdiction because drugs are sold in interstate commerce.
Last year, based on that rationale, federal drug agents seized marijuana used by a number of individuals throughout California, including Diane Monson of Oroville, who smokes the drug to treat chronic, debilitating back pain.
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