228 F. Supp. 3d 57
D.D.C.2017Background
- Rodney Johnson pleaded guilty in 2008 to conspiracy to distribute ≥1 kg PCP; sentenced to 63 months imprisonment and five years supervised release.
- Johnson began supervised release on October 11, 2012; his supervision transferred to D.D.C. after release.
- Johnson possessed a D.C. medical marijuana card and tested positive for marijuana on multiple urinalyses (Jan 29, 2015; Apr 29, 2015; Oct 6, 2015; Mar 18, 2016; July 27, 2016); he used medical marijuana for chronic pain and anxiety.
- The Probation Office filed a petition asking whether medical-marijuana use violates federal supervised release; Johnson moved orally for early termination of supervision.
- The government and Probation ultimately withdrew opposition to early termination after concluding retroactive Guidelines amendments reduced Johnson’s effective sentence such that his supervision would have expired earlier.
- The court concluded (1) federal law prohibits medical-marijuana use by persons under federal supervision, but (2) Johnson’s use was not a willful violation and (3) early termination of supervised release should be granted as successful.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether using state-authorized medical marijuana violates federal supervised-release conditions | Government/Probation: Federal law (CSA) classifies marijuana as Schedule I; supervised release prohibits controlled-substance use | Johnson: He used medical marijuana in compliance with D.C. law for legitimate medical reasons and believed it lawful | Held: Use of state-authorized medical marijuana violates federal law and is prohibited for persons under federal supervision |
| Whether Johnson’s medical-marijuana use was a willful violation of supervised release | Government: Positives indicate violations warranting intervention | Johnson: He reasonably believed his use was lawful under D.C. medical-marijuana program | Held: Court found Johnson’s use was not willful (he believed it lawful) |
| Whether early termination of supervised release is warranted under 18 U.S.C. § 3583(e) | Initially opposed (Probation) citing violations and history; later withdrew after Guidelines recalculation | Johnson: Sought termination based on rehabilitation, employment, stability, and retroactive Guidelines change | Held: Court granted early termination as successful, citing rehabilitation and that retroactive Guidelines reductions would have shortened total sentence by ~1 year |
| Whether Section 538 appropriations riders bar court/Probation actions regarding state medical-marijuana programs | Government/Probation: Raised as complicating issue; DOJ funding restriction may limit actions | Johnson: Not directly argued; relied on D.C. law compliance | Held: Court declined to decide scope of § 538 here; noted § 538 does not prevent the court from addressing Probation Petitions and left the question for another day |
Key Cases Cited
- Gonzales v. Raich, 545 U.S. 1 (States' legalization of marijuana cannot override federal CSA)
- United States v. Oakland Cannabis Buyers’ Cooperative, 532 U.S. 483 (Physicians cannot prescribe marijuana consistent with CSA)
- United States v. Nixon, 839 F.3d 885 (9th Cir.) (federal supervisees cannot use state-authorized medical marijuana)
- United States v. Harvey, 659 F.3d 1272 (9th Cir.) (addressing medical-marijuana use in supervised-release context)
- United States v. Hicks, 722 F. Supp. 2d 829 (E.D. Mich. 2010) (state medical-marijuana laws do not supersede federal prohibition)