US appeals court sidesteps key ruling with MMJ business owner

Just Released! Get realistic market forecasts, state-by-state insights and benchmarks with the new 2024 MJBiz Factbook member program, now with quarterly updates and more. Make informed decisions.


A federal appeals court in San Francisco sidestepped making a ruling on whether U.S. prison officials can hold a cannabis business owner who was convicted of marijuana offenses that were legal under state medical marijuana laws.

In a decision Wednesday, the 9th U.S. Circuit Court of Appeals focused instead on a narrower issue.

The court was considering a legal challenge by prisoner Matthew Davies, who was convicted of federal marijuana charges. Davies said he ran medical marijuana dispensaries that complied with California law.

He argued that the Bureau of Prisons could not hold him because of a federal law that restricted interference by U.S. officials in the implementation of state medical marijuana laws.

The 9th Circuit avoided the issue, ruling instead that Davies’ plea agreement did not allow his legal challenge. Davies’ attorney, Cody Harris, said he is analyzing the ruling.

– Associated Press