Subsequent History
The Court expressly noted that it did not decide another important issue of federal law—whether federal law could override a California law that allowed the purely local cultivation and distribution of marijuana. It ordered the Ninth Circuit to address this argument in the first instance, and the Ninth Circuit in turn asked the district court to do so. After further proceedings in the district court, OCBC appealed to the Ninth Circuit again. The Ninth Circuit stayed its decision pending the Supreme Court's decision in Gonzales v. Raich. That decision was issued in June 2005. The Ninth Circuit remanded the case to the district court, which rejected this claim, and OCBC appealed again to the Ninth Circuit. The Ninth Circuit has stayed the proceedings in this case. The stay is scheduled to expire October 16, 2006.
Read more about this topic: United States V. Oakland Cannabis Buyers' Cooperative
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