United States v. Marin Alliance for Medical Marijuana

ORDER RE MOTION TO DISSOLVE PERMANENT INJUNCTION

The Marin Alliance for Medical. Marijuana (“MAMM”) asks this Court to dissolve a permanent injunction that this Court entered against it in 2002. See Mot. Dissolve Perm. Inj. (dkt. 262). Having reviewed the filings and accompanying papers, the Court DENIES the motion to dissolve the injunction.' However, the enforcement of said injunction must be consistent with--the new directive of Congress in Section 538 of - the • Consolidated and Further Continuing Appropriations Act- of 2015, Pub. L.; 113-235, 128 Stat. 2130 (2014) (“2015 Appropriations Act”), 1 which prohibits the Department of Justice from expending any funds in connection with the enforcement of any law that interferes with California’s ability to “implement [its] own State law[ ] that authorize^] the use, distribution, possession, or cultivation of medical marijuana.” See 20Í5 Appropriations Act § 538. As long as Congress precludes the Department of Justice from expending funds in this manner, the permanent injunction will only be enforced against MAMM insofar as that organization is in violation of California “State laws that authorize the use, distribution, possession,…