From U.S. v. Cannon, decided Wednesday by the Third Circuit (Judges Cheryl Krause, Luis Restrepo, and Brooks Smith):
As a [statutorily required] condition of his bond, a Magistrate Judge ordered that Cameron Cannon {"must not violate federal, state, or local law while on release" [Condition 1]} …. That includes the use and possession of marijuana, a Schedule I controlled substance.
Nonetheless, Mr. Cannon continued to use marijuana for medical purposes on the recommendation of his physician, leading the District Court to revoke his bond. Cannon appeals that decision on the grounds that a different condition of his release {that Cannon "not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner" [Condition 7(m)]} permitted the use of controlled substances with a doctor's prescription.
Whether courts may excuse medical marijuana use in bond revocation hearings is an issue that has confused defendants and divided courts in the Third Circuit. But it is beyond dispute that the use and possession of marijuana—even where sanctioned by a State—remains a violation of federal law. So we will affirm the District Court's revocation of Cannon's bond and deny his motion for release….
