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U.S. v. $186,416.00 IN U.S. CURRENCY

No. 07-56549.

583 F.3d 1220 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. $186,416.00 IN U.S. CURRENCY, Defendant. United Medical Caregivers Clinic, Inc., Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2009.

Attorney(s) appearing for the Case

Paul L. Gabbert, Santa Monica, CA, for the claimant-appellant.

Thomas P. O'Brien, United States Attorney; Christine C. Ewell, Assistant United States Attorney, Chief, Criminal Division; Steven R. Welk, Assistant United States Attorney, Chief, Asset Forfeiture Section; P. Greg Parham (argued), Special Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before: HAWKINS, MARSHA S. BERZON, and RICHARD R. CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

California state law differs from federal law in its treatment of the distribution and possession of marijuana for purportedly medical purposes. California has concluded that marijuana may have medicinal value, and under California law the distribution and possession of "medical marijuana" is not illegal. See Cal. Health & Safety Code § 11362.5(b)(1)(A) (declaring that one purpose of a 1996 voter-approved medical marijuana initiative...

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