United States v. Canori, No. 12-4837 (2d Cir. 2013)
Annotate this CaseDefendant appealed his sentence after pleading guilty to conspiracy to distribute and to possess with intent to distribute 100 kilograms of marijuana. At issue was whether the October 2009 memorandum issued by the Department of Justice created a de facto "rescheduling" of marijuana under the Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., such that defendant could not validly be charged with conspiracy to distribute marijuana. The court held that the memo did not purport to reclassify marijuana from its current listing as a Schedule I substance under the CSA; the CSA mandated a particular rulemaking procedure through which the Attorney General may "reschedule" a substance; because the Attorney General did not follow that procedure here, marijuana remained a Schedule I substance; and a U.S. Attorney's decision to exercise prosecutorial discretion by not prosecuting uses of marijuana consistent with state law, in the circumstances presented here, did not conflict with the principles of federalism, preemption, or the supremacy of federal law. Accordingly, the court affirmed the judgment of the district court.
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