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Lucas Sirois v. United States
Paid petition · United States Court of Appeals for the First Circuit, No. 23-1723 · judgment October 15, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a First Circuit decision below and a circuit split argued in the petition.
Question presented
Since December 2014, Congressional appropriations for the Department of Justice have included the following provision: None of the funds made available under this Act to the Department of Justice may be used, with respect to any of [an enumerated list of states and territories who have legalized medical marijuana], to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. Consolidated Appropriations Act, 2023, Pub. L. No. 117- 328, § 531, 136 Stat. 4459, 4561 (2022) (the “RohrabacherFarr Amendment”). The questions presented are:
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Given this prohibition on the use of appropriated funds, under what circumstances may the Department of Justice criminally investigate and prosecute an individual who is licensed or otherwise authorized to use, distribute, possess, or cultivate medical marijuana?
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Does the burden fall on the Government to show it is in continued compliance with appropr iat ion law; or does it fa l l w ith the Petitioner-defendant to demonstrate “substantial compliance” with state laws and
Counsel of record
For petitioner
Sean Michael Aasen
Porter, Wright, Morris & Arthur LLP
For respondent
Sarah M. Harris
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 31 2025Petition DENIED.
- Mar 12 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 04 2025Waiver of right of respondent United States to respond filed.
- Feb 12 2025Petition for a writ of certiorari filed. (Response due March 17, 2025)