United States v. Harvey, 2011 U.S. Dist. LEXIS 67260

Harvey served approximately ten years in prison for armed bank robbery, then began a five-year term of supervised release.
A mandatory condition required him to refrain from any unlawful use of a controlled substance.
In January 2011, Harvey tested positive for marijuana and admitted use; probation alleged violations.
Harvey moved to dismiss the allegation; a June 15, 2011 hearing addressed notice issues and the legality of his conduct.
The court concluded Harvey violated the mandatory condition and explains its rationale in this order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Harvey given adequate notice of the condition?	Harvey lacked notice due to state-law medical marijuana use and vagueness of 'any unlawful use'.	Harvey's notice was inadequate because the term was vague and medical-use arguments should negate notice.	Not vague; adequate notice found.
Is a 'doctor's recommendation' a valid basis to violate 844(a) given Schedule I status of marijuana?	Marijuana cannot be lawfully prescribed; no valid prescription exists.	A doctor’s recommendation could be a valid order under 844(a).	No valid prescription or order exists for Schedule I marijuana; violation sustained.

United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (U.S. Supreme Court 2001) (no medical-necessity exception for Schedule I marijuana)
Gonzales v. Raich, 545 U.S. 1 (U.S. Supreme Court 2005) (Congress may prohibit local marijuana use even with state authorization)
Gonzales v. Oregon, 546 U.S. 243 (U.S. Supreme Court 2006) (Marijuana no accepted medical use forecloses statutory coverage of doctor-prescribed drugs)
United States v. Scarmazzo, 554 F. Supp. 2d 1102 (E.D. Cal. 2008) (medical marijuana use remains unlawful under federal law)
Conant v. McCaffrey, 172 F.R.D. 681 (N.D. Cal. 1997) (discussion on medical marijuana and federal legality)