Still need a reason to care about that obscure federal spending provision known as the Rohrabacher–Blumenauer amendment? Here’s one: The congressional measure, currently set to expire next month, may be the only thing keeping a pair of California cannabis growers out of prison.
Federal prosecutors filed criminal charges against the growers, Anthony Pisarski and Sonny Moore, after raiding their Humboldt County property in 2012. But during the evidentiary process, the two argued that their operation followed California law and thus should be protected from federal prosecution under Rohrabacher–Blumenauer.
A quick refresher: Formerly known as Rohrabacher–Farr, Rohrabacher–Blumenauer is an amendment to a federal appropriations bill that bars the Justice Department from using resources to prosecute state-legal cannabis. In August 2016, the 9th US Circuit Court of Appeals—which includes cannabis-legal states of California, Washington, Oregon, Alaska, Arizona, Montana, and Hawaii—ruled that the provision also protects individual businesses that comply with state law.
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“If DOJ wishes to continue these prosecutions,” the court wrote in the 9th Circuit case, US v. McIntosh, “Appellants are entitled to evidentiary hearings to determine whether their conduct was completely authorized by state law.”
Which brings us back to the Humboldt growers. Following an evidentiary hearing, US District Judge Richard Seeborg determined that Pisarski and Moore were indeed compliant with state law. “Their conduct strictly complied with all conditions imposed by California law on the use, distribution, possession and cultivation of marijuana,” Seeborg wrote. Earlier this week, he halted the federal government’s case against the growers, citing McIntosh.
The defense attorney for the pair, Beverly Hills-based Ronald Richards, told the LA Weekly that the decision was unusual—and may help other cannabis entities going forward. “This is the first time in my 23-year career