'His lawyers appealed this month to Attorney General Eric H. Holder Jr.
to halt what they suggested was a prosecution at odds with Justice
Department policies to avoid prosecutions of medical marijuana users and
with President Obama’s statement that the government has “bigger fish to fry” than recreational marijuana users.
“Does this mean that the federal government will be prosecuting
individuals throughout California, Washington, Colorado and elsewhere
who comply with state law permitting marijuana use, or is the Davies
case merely a rogue prosecutor out of step with administration and
department policy?” asked Elliot R. Peters, one of his lawyers.
“This is not a case of an illicit drug ring under the guise of medical
marijuana,” Mr. Peters wrote. “Here, marijuana was provided to qualified
adult patients with a medical recommendation from a licensed physician.
Records were kept, proceeds were tracked, payroll and sales taxes were
duly paid.” '
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