Daniella Styagova: United States v. Oakland Cannabis Buyers’ Cooperative

Daniella Styagova: United States v. Oakland Cannabis Buyers’ Cooperative
CANNANNEW REPORT

 Daniella Styagova Facts and Procedural History: The Controlled Substances Act was passed in 1970 and created a single legal framework for regulating substances that are thought to have a high risk of abuse and addiction. The CSA may apply to medicines that are used for medicinal or recreational purposes, it also forbids the manufacturing and distribution of certain drugs, one of which is marijuana. The only exception is for government approved research projects. The statute places drugs in five schedules, each of which comes with its own restrictions as applicable to the schedule classification. One of the reasons a drug can be categorized as Schedule I is if it has no acceptable medical use. California passed the Compassionate Use Act in 1996, which established an exception to the prohibition on marijuana possession and cultivation which was medical necessity as approved by a licensed physician. Defendant and respondent Oakland Cannabis Buyers’ Cooperative created a medical dispensary that would serve eligible patients. Despite this act, the United States then sued the Cooperative to prevent them from distributing and manufacturing marijuana. On the district level, the court granted an injunction on the distribution, however the Cooperative continued to operate its business, which led to the government initiating contempt proceedings against them. The Cooperative argued the medical necessity defense asking for a medical-necessity exemption to be added to the injunction. After finding a lack of evidence that patients were in danger of imminent harm without marijuana, the district court denied the Cooperative’s motion and changed the injunction to allow for government seizure of the Cooperative property. The Cooperative appealed, however eventually chose to declare the proceeding as moot and promised to comply with the original injunction. This case was the cause of a lot of controversy, which led to the court of appeals to…

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Source : Daniella Styagova: United States v. Oakland Cannabis Buyers’ Cooperative

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