Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Wednesday, August 5, 2015

Notable developments in dispute over meaning and application of Section 538 limiting DOJ funding

As some readers may know, Section 538 of a spending bill passed late last year by Congress forbids the use of money by the Department of Justice to interfere with State laws implementing medical marijuana programs.  The meaning and application of this federal spending limitation on DOJ has been the subject of much dispute and some notable litigation.  And now, thanks to postings at this marijuana news site, there are two notable recent developments in this arena:

The first item linked above concerns this notable letter from two members of Congress to the Justice Department's Inspector General concerning Section 538's application and interpretation by DOJ (and which has been reported via various sources).  The second item is, as it indicates, an "exclusive," though I see in it an effort to make a bit too much out of some seemingly not-all-that-shocking DOJ advocacy and lawyering.

Federal Marijuana Laws, Policies and Practices, Who decides | Permalink


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