United States v. Gilmore, No. 17-10142 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed the district court's denial of a motion to enjoin the government's prosecution of Defendants Gilmore and Hemsley for conspiracy to manufacture marijuana plants and manufacture of marijuana plants. In the Consolidated and Further Continuing Appropriations Act (hereafter Section 538), Congress barred the Department of Justice from using appropriated funds to prevent certain States, including California, from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana. The panel held that Section 538 did not limit the government's ability to enforce federal drug laws on federal land.