United States v. Nixon

Defendant pled guilty to aiding and abetting the maintenance of a drug-involved premise and was sentenced to three years of probation. As a condition of probation, the district court required that defendant refrain from unlawful use of a controlled substance and submit to periodic drug testing. Congress later enacted an omnibus appropriations bill that included a rider regarding using certain funds to prosecute individuals for engaging in conduct permitted by state medical marijuana laws. Defendant moved the district court to modify his conditions of probation on the ground that the appropriations rider required that he be permitted to use marijuana for medical purposes in compliance with California’s Compassionate Use Act, Cal. Health & Safety Code 11362.5, during his probationary term. The district court denied the motion. The court held that the congressional appropriations rider at issue here does not impact the ability of a federal district court to restrict the use of medical marijuana as a condition of probation. Because the district court did not abuse its discretion by refusing to modify the conditions of defendant's probation to allow him to possess and use marijuana for medical purposes in violation of federal law, the court affirmed the judgment. View "United States v. Nixon" on Justia Law