United States Ninth Circuit

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US v. McIntosh, 15-10117

In ten consolidated interlocutory appeals and petitions for writs of mandamus arising from three district courts in two states, the district court's orders denying relief to the appellants, who have been indicted for violating the Controlled Substances Act, and who sought dismissal of their indictments or to enjoin their prosecutions on the basis of a congressional appropriations rider, Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, section 542, 129 Stat. 2242, 2332-33 (2015), that prohibits the Department of Justice from spending funds to prevent states' implementation of their medical marijuana laws, is vacated where: 1) appellants have standing to invoke separation-of-powers provisions of the Constitution to challenge their criminal prosecutions; and 2) section 542 prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by state medical marijuana laws and who fully complied with such laws.

Appellate Information

  • Decided
  • Published 2016/08/16




  • United States Ninth Circuit


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