Lower Court Holding
Decision of the Ninth Circuit U.S. Court of Appeals
This interlocutory appeal involves a preliminary injunction entered at the United States’ request to stop the distribution of cannabis in the wake of California’s initiative supporting the medical use of marijuana. The district court held that the distribution of marijuana by certain cannabis clubs and their agents, including appellant, Oakland Cannabis Buyers’ Cooperative and Jeffrey Jones (collectively OCBC), likely violates the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Controlled Substances Act). The district court also indicated that it would consider in subsequent contempt proceedings a defense that a particular distribution was justified by a medical necessity.OCBC did not…
