Legal Opinion
Feinberg v. Commissioner
Court of Appeals for the Tenth Circuit
Decided December 18, 2015No. 15-1333PublishedCited by 16 opinions
1Opinion of the Court
GORSUCH, Circuit Judge.
This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. The Feinbergs and Ms. McDonald run Total Health' Concepts, or THC, a not-so-subtly-named Colorado marijuana dispensary. They run the business with the blessing of state authorities but in defiance of federal criminal law. See 21 U.S.C. § 841. Even so, officials at the Department of Justice have now twice instructed field prosecutors that they should generally decline to enforce Congress’s statutory command when states like Colorado license…
2Cases cited12 opinions
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Minnesota v. MurphySupreme Court of the United States · 1984
- Cheney v. United States District Court for District of ColumbiaSupreme Court of the United States · 2004
- Mohawk Industries, Inc. v. CarpenterSupreme Court of the United States · 2009
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Alpenglow Botanicals, LLC v. United StatesCourt of Appeals for the Tenth Circuit · 2018
- Montana Cannabis Industry Ass'n v. StateMontana Supreme Court · 2016
- High Desert Relief, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 2019
- Fourth Corner Credit Union v. Federal Reserve Bank of Kansas CityCourt of Appeals for the Tenth Circuit · 2017
- Green Solution Retail, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 2017
11 more not listed; retrieve them via the Exa API.