9th Cir.;
14-50585

The court of appeals affirmed a judgment of conviction. The court held that the federal bar on expending federal funds to prosecute conduct that complies with state medical marijuana laws did not apply where the defendant's crimes included both interstate sales of marijuana and conspiracy to commit money laundering.

Noah Kleinman was tried before a jury and found guilty of conspiracy to distribute and possess marijuana, distribution of marijuana, maintaining a drug-involved premises, and conspiracy to commit money laundering. The charges arose from Kleinman's operation in California of purported medical marijuana collectives. The evidence at trial showed, however, that Kleinman and his associates sold 90% of their marijuana outside of their storefronts, including product shipped to customers in New York and Philadelphia. After Kleinman was convicted and sentenced, Congress enacted an appropriations rider that prohibits the Department of Justice from expending funds to prevent states from implementing their laws authorizing the use, distribution, possession, and cultivation of medical marijuana.