Amicus Brief of Prof. Scott Bloomberg in U.S. v. Bilodeau (1st Cir.)

Abstract

This is an amicus brief I filed in U.S. v. Bilodeau (1st Cir.). The case involved the interpretation of a budget rider that prohibits the DOJ from spending appropriated funds to prevent states that have legalized medical marijuana from “implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” In United States v. McIntosh, the Ninth Circuit interpreted the rider -- commonly known as the Rohrabacher-Farr Amendment -- to prohibit DOJ from prosecuting medical marijuana businesses only when the business "strictly compl[ies]" with their states marijuana rules.

I argued that the Ninth Circuit's strict compliance standard is unworkable and urged the First Circuit to adopt an interpretation that would limit the DOJ's discretion to prosecute medical marijuana businesses. The Court agreed, though it did not ultimately go as far in limiting the DOJ's ability to prosecute medical marijuana businesses as I suggest here.