3/7/17: Case rejecting vagueness challenge to supervised release condition

Today, in United States v. Sims, --- F.3d ---, Case No 15-10450 (9th Cir. 2017), the Court rejected a vagueness challenge to a special condition of supervised release prohibiting the defendant from possessing, distributing, inhaling, or ingesting synthetic cannabinoids.

The condition was as follows:

The defendant shall not knowingly possess, distribute, inhale, or ingest any synthetic cannabinoid, defined as a substance that mimics the effects of cannabis and applied to plant material, often referred to as “synthetic marijuana,” “K2,” or “Spice,” without the prior approval of the court.

The Ninth found no problem with the condition and distinguished it from a condition that it previously rejected in United States v. Aquino, 794 F.3d 1033 (9th Cir. 2015).