Los Angeles, CA

Although it is always risky to infer too much from a judge’s line of questioning and comments during oral arguments, the defense was described as optimistic after today’s hearing.

Federal Judge George King is in a bit of a dilemma in that three judges on the Ninth Circuit have ruled in favor of a medical necessity defense for the distribution of medical marijuana, but the Justice Department has until the end of the month to decide whether or not to appeal that ruling to the full 9^th Circuit.
See
A Major Disaster For Marijuana Prohibition in Oakland
– Federal Appeals Court Rules For Medical Necessity Defense

While it seems likely that the Feds will ignore the plea by California AG Lockyer that they not appeal to the full circuit, if they do not, the ruling will stand for this circuit.

See
California AG Lockyer Asks Reno Not to Appeal Court Ruling Upholding Medical Necessity.
A Very Major Development!

If the ruling is appealed and then upheld, they are in an even worse position. If it is overturned, the defense will appeal to the Supreme Court, which is another risk that the Feds may not want to take. And if they do appeal, then it will be months before the hearing is held.

Either way, it is likely that there will be more delays in a case that is already over two years old. In the meantime, Peter McWilliams is requesting that he be allowed to use medical marijuana before the trial, and his lawyer says he may not survive until the trial without it.

In short, this case is turning into an even greater mess for the Feds.