CA9: The federal appropriation statute against prosecution in MMJ cases is not an immunity from SW

In the face of the state’s medical marijuana law, the search warrant for defendant’s property was based on federal law not state law. The federal appropriations clause against prosecution in medical marijuana cases is not immunity. “The two cases that Campbell cites–Commonwealth v. Canning, 28 N.E.3d 1156 (Mass. 2015), and United States v. Kleinman, 880 F.3d 1020, 1036-37 (9th Cir. 2017)–are inapposite, because they involved search warrants obtained by state or local law enforcement and based on probable cause to believe that the defendants had violated state drug laws.” United States v. Campbell, 2019 U.S. App. LEXIS 3074 (9th Cir. Jan. 30, 2019).

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