After last August's McIntosh decision, many wondered if conditions of federal supervision (probation, supervised release, and pretrial release) could include a "no pot" provision in medical marijuana states. See http://circuit9.blogspot.com/2016/08/case-o-week-high-times-enjoining.ht...In the recent per curiam Nixon decision, the Ninth answers: "yes." It is not an abuse of discretion to prohibit the use of marijuana on supervision, even in a state that allows medical marijuana, and despite the much-touted appropriation riders.Unanswered in Nixon, however, is who, precisely, is being paid to prosecute violations of supervision for use of pot? Indeed, that question was rather conspicuously dodged in Nixon. As discussed in the attached COTW memo, its the next big issue in this fascinating run of litigation.
United States v. Nixon
Monday, October 24, 2016