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9th Circ. Won’t Revive Cannabis Patient’s Eviction Challenge

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Won’t Revive Cannabis Patient’s Eviction Challenge

9th Circ. Won’t Revive Cannabis Patient’s Eviction Challenge

Law360 (June 23, 2020, 6:17 PM EDT) — The Ninth Circuit has ruled that a lower court did not err in dismissing a medical marijuana patient’s lawsuit against the U.S. Department of Housing and Urban Development over claims that she was evicted from federally subsidized housing for possessing cannabis edibles, finding she failed to exhaust available remedies.

Monday’s unpublished memorandum affirmed the Northern District of California’s earlier determination that Emma Nation didn’t exhaust her options for recourse under the Controlled Substances Act, noting that the federal statute allows people to petition the U.S. Drug Enforcement Administration to reclassify drugs.

“Despite being framed as an ‘as-applied’ constitutional claim, the relief…

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