A Resource Center for the Defense of Federal Marijuana Cases

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Cases and Documents

Published by the Law Offices of Joseph A. Bondy​

Federal Marijuana Defense

Case Law

Alliance for Cannabis Therapeutics v. DEA (1994)

Americans for Safe Access v. DEA (2013)

Americans for Safe Access v. DEA appeal (2012)

City of Riverside v. Inland Empire Patient's Health and Wellness Center, Inc.

Conant v. McCaffrey (2000)
"The government may not revoke a physician's license to dispense controlled substances merely because a physician 'recommends' marijuana as therapy to a patient."

Conant v. Walters (2002)
"The order enjoins the federal government from either revoking a physician's license to prescribe controlled substances or conducting an investigation of a physician that might lead to such an revocation, where the basis for the government's action is solely the physician's professional 'recommendation' of the use of marijuana." 

Doe v. DEA (2007)

El Camino Wellness Center v. Eric Holder (2012)

Federal quashing of subpoenas and THCF Medical Clinic's motion to quash grand jury subpoena

Gettman v. DEA (2001)

Marin Alliance for Medical Marijuana and Lynnette Shaw v. United States of America

Martin Olive, Petitioner v. Commissioner of Internal Revenue, Respondent (2012)

Pack et al. v. Long Beach (2011)

People v. Joe Grumbine and Joe Byron (2012)

Raich v. Ashcroft (2003)
Congress may criminalize the use and cultivation of home-grown cannabis, even if done in compliance with state medical marijuana laws.

Raich v. Gonzalez (2007)
"We agree with Raich that medical and conventional wisdom that recognizes the use of marijuana for medical purposes is gaining traction in the law as well. But that legal recognition has not yet reached the point where a conclusion can be drawn that the right to use marijuana is 'fundamental' and 'implicit in the concept of ordered liberty.'"

Sell v. United States (2002)

U.S. v. Ed Rosenthal (2006)
Conviction reversed based upon jury misconduct, and government's cross-appeal of lenient sentence dismissed as moot.

U.S. v. Lumni Zhuta (2010)

U.S. v. Oakland Cannabis Buyers Cooperative (2001)
In Federal court, Cannabis may not be argued as a medical necessity that is an exception to the Controlled Substances Act.

Documents & Department of Justice Memoranda

Appeal to the Governor - Sarich, Fager, and Worthington, Petitioners. vs. Washington State Board of Pharmacy

David Ogden Memorandum
"Investigations and Prosecutions in the United States: Authorizing the medical use of marijuana"

James Cole memo (2011)
"Regarding the Ogden memo in jurisdictions seeking to authorize marijuana for medical use"

James Cole memo (2013)
"Guidance Regarding Marijuana Enforcement"

Letters regarding City of Oakland Medical Cannabis Cultivation Ordinance and the approach to medical marijuana in tribal lands

Petition for Clemency to Relieve Five Elderly Petitioners from Life Without Parole Sentences for Marijuana

Rhode Island and Washington Governors' Petition to Reschedule Cannabis for Medical Use

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