Pisarski

ORDER GRANTING MOTION FOR TEMPORARY STAY

I. INTRODUCTION

Defendants Anthony Pisarski and Sonny Moore have pleaded guilty to, and await sentencing for, conspiracy to manufacture and possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(C), and 846. They move,- however, to have- the Department of Justice- enjoined from expending any funds on their prosecution. The motion is made pursuant to Consolidated Appropriations Act, Pub. L. No. 115-31, § 537 , 131 Stat. 135 , 227 (2017) [hereinafter “§ 537”], which prohibits the Department of Justice from expending funds- to prevent a state from implementing its medical marijuana laws. Under United States v. McIntosh, 833 F.3d 1163, 1172-73 (9th Cir. 2016), criminal defendants may seek to enjoin such expenditures in their particular cases. For the reasons that follow, defendants’ motion is granted, and the case will be stayed in order to effectuate the Congressional prohibition.on expenditures.

II. BACKGROUND

On July 10, 2012, law enforcement agents executed a warrant to search a Humboldt County, California, property owned by defendants. Sonny Moore’s mother Pamela, along with the two defendants,…