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United States v. McIntosh (9th Cir. 2016)

May 18th, 2021

United States v. McIntosh (9th Cir. 2016)

Peter M. Jones represented one of the Defendants for marijuana offenses under the Controlled Substances Act. Defendants sought to enjoin the Department of Justice (“DOJ”) from using any appropriated funds to support the prosecutions. Defendants moved to dismiss their indictments or to enjoin their prosecutions on the grounds that the DOJ was barred from spending funds to prosecute them. The Ninth Circuit remanded to the district courts, finding that if the DOJ wishes to continue these prosecutions, Defendants were entitled to evidentiary hearings to determine if their conduct strictly complied with all relevant conditions imposed by California state law on the use, distribution, possession, and cultivation of medical marijuana. Mr. Jones’ client and the other Defendants were subsequently dismissed as a result of the trial court ruling.