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U.S. Court of Appeals for the 9th Circuit

Dec. 9, 2015

Appeals court debates federal government's authority to prosecute pot laws

A 9th Circuit panel considered Monday whether a federal budget bill blocks the U.S. Department of Justice from prosecuting medical marijuana violations.

By Saul Sugarman
Daily Journal Staff Writer

SAN FRANCISCO - Should the U.S. Department of Justice supersede state law when prosecuting medical marijuana violations?

The answer is: no one knows, according to one federal prosecutor who argued the issue before a 9th U.S. Circuit Court of Appeals panel Monday.

"There is no body of law about what's supposed to happen," said Owen P. Martikan, a San Francisco-based assistant U.S. attorne...

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