On April 12, 2016, the U.S. Court of Appeals for the Ninth Circuit granted the Department of Justice’s motion to dismiss the agency’s own appeal of the Shaw decision.
U.S. District Court Judge Charles Breyer issued the Shaw decision on Oct. 19, 2015, narrowing the scope of an injunction against Lynnette Shaw and the Marin Alliance for Medical Marijuana, which had permanently barred Shaw and MAMM from working in state’s legal marijuana industry.
Breyer’s ruling this past October effectively allowed MAMM to get back into the dispensary business. It also reinforced that the U.S. was prohibited from spending public money to pursue the case in accordance with the Rohrabacher-Farr amendment, which indicates that “none of the funds made available in this Act to the Department of Justice may be used … to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
On Dec. 18, 2015, the DOJ appealed Breyer’s decision; however, the DOJ changed its mind and filed a motion to dismiss its appeal, which the court granted on April 12.
“I’m relieved that the vindictive persecution has ended,” Shaw said in a press release. “I’m thrilled to return to the industry I helped create.”
“I think they dropped the case because it really had no merit,” said Greg Anton, Shaw and MAMM’s attorney, as reported by The Press Democrat.
“This is a big decision because it came from Washington,” Anton explained. “It’s a decision from the Justice Department to not fight Congress and back off on prosecution of cannabis activities in states that have chosen to legalize.”