| Use of Medical Marijuana on
Release Opposed by SDNY US
Attorney But Judge OKs It
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
April 4 – A woman from
Michigan released to there on
bond by the U.S. District
Court for the Southern
District of New York
Magistrates Court in February
now seeks to modify the order
so as to use medical marijuana
while on supervision in
Michigan.
The US
Attorney's Office for the SDNY
opposes it. The Federal
Defenders cite orders by the
District's Chief Judge and
Judges Broderick, Furman,
Abrams and Rakoff permitting
the use of medical marijuana
while on supervised release.
Magistrate
Judge Cott directed the US
Attorney's Office to respond,
and let the duty judge then
resolve the matter in the
Magistrates Court, which Inner
City Press closely covers.
On April 4 the
the Magistrate Judge of the
week approved it: "Memo
Endorsed re: [14] Letter
motion in support of bail
modification request as to
Brandalene Horn (1)...
Endorsement: The possession of
marijuana is illegal under
federal law, and there is no
federal exception for medical
marijuana.See Gonzales v.
Raich, 545 U.S. 1, 5, 27-28
(2005). Compliance with
federal law is a mandatory
condition of Defendant's bail.
Nevertheless, Chief Judge
Swain has persuasively
explained that an appropriate
set of conditions relating to
the medical marijuana therapy
can appropriately protect the
public and the Defendant and
facilitate effective
supervision. United States v.
Arizaga, No. 16 Cr. 89 (LTS),
2016 WL 7974826, at *3
(S.D.N.Y. Dec. 22, 2016). In
that case, she directed the
Pretrial Services Department
not to charge a violation of
Defendant's release conditions
based solely on New York
state-approved medical
marijuana use or a
drug-testing result consistent
with New York state-approved
medical marijuana usage if
certain conditions were met.
See id. Other judges in this
District and the EDNY have
authorized the use of medical
marijuana for defendants on
supervision. (See ECF 10,
Letter (citing cases).)
Counsel for Ms. Horn has
described the salient features
of the Michigan State medical
marijuana program. (See ECF
14.). Ms. Horn has been
approved for participation in
that program, which approval
required her to have a
telehealth visit with a
physician who subsequently
completed a certification. The
program is available only to
individuals who suffer from
certain eligible serious
medical and/or mental health
conditions. The nature of the
Michigan medical marijuana
program would permit
appropriate conditions to
protect the public and the
Defendant and facilitate
effective supervision.
Arizaga, 2016 WL 7974836, at
*3. Accordingly, PTS (wherever
Defendant is being supervised)
is directed not to charge a
violation of Defendant's bail
conditions solely based on her
use of medical marijuana, if
Defendant meets the following
conditions: (1) providing PTS
with proof of her
certification by a registered
Michigan practitioner as well
as her registry ID card that
allows her to receive medical
marijuana in the State of
Michigan; (2) purchasing an
authorized form of medical
marijuana from an approved
vendor in Michigan; and (3)
providing PTS with proof of
her valid prescriptions,
dispensary receipts, and
amounts/weights/forms of
marijuana purchased, as
directed by PTS. The Clerk of
Court is respectfully
requested to terminate ECF 14.
So Ordered. (Signed by
Magistrate Judge Robyn F.
Tarnofsky on 4/4/2024)."
Watch this site.
The case is
US v. Horn, 24-mj-626
(Tarnofsky)
***
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