A Federal Court of Appeals in San Francisco has banned the Justice Department from prosecuting medical marijuana cases if state laws were not broken. Congress has already banned the JD from spending any money to "spending money to prevent states from regulating the use or sale of medical pot". according to news reports.

The Justice Department argued that Congress meant for them not to peruse states, but that they should prosecute individuals breaking the federal law. The panel of 3 judges disagreed, stating that the Justice Department would have to conduct hearings and prove each case violated state law.