Feds ask judge to disallow sex offender from using medicinal pot on probation

A Penn Hills man convicted of trying to lure a child into sex wants to use pot while on probation, but the U.S. attorney’s office is asking a judge to say no.

Robert Pawlowski, 59, was released from prison in 2019 and is on probation. He was convicted in 2010 of enticing into sex a minor who turned out to be an undercover FBI agent.

He said he wants to be able to use medicinal marijuana to control his anxiety.

His lawyer, Patrick Nightingale, said Pawlowski has been certified by a Pennsylvania doctor registered with the Department of Health to make medical marijuana recommendations. Mr. Nightingale also argued that the Consolidated Appropriations Act of 2020 prohibits the Justice Department from using its budget to enforce federal law relative to “wellregulated medical cannabis programs authorized pursuant to state law.”

But prosecutors say U.S. District Judge Donetta Ambrose should deny the request.

“Neither the pending motion, nor the exhibits that were included with it, explain why it is necessary for Mr. Pawlowski to violate federal law and a mandatory release condition by using marijuana,” said Assistant U.S. Attorney Craig Haller in court papers. “His history of abusing controlled substances, including marijuana, starting in childhood and extending well into his adult years, in addition to his positive test for marijuana in 2020, is a factor that weighs heavily against marijuana use while on supervised release in violation of federal law.”

Pawlowski tested positive for pot in 2020 prior to being certified for medical marijuana use.

Mr. Haller also said Pawlowski’s anxiety has been controlled in the past with medication, which doesn’t support his contention that he needs marijuana now.

Many federal judges in this district and elsewhere have denied similar motions requesting authorization to use marijuana for defendants on pretrial release or probation, he said, although not all have done so. Pennsylvania law allows medical marijuana use under certain regulated circumstances, Mr. Haller said, but use still violates federal law and release conditions imposed on defendants.

“This Court should not authorize a defendant to violate federal law and a mandatory release condition while on federal supervised release, particularly not when the defendant has a significant history of substance abuse,” he wrote. “This Court should likewise refuse to effectively immunize a defendant from any sanctions for violating federal law by pre-emptively condoning a violation of a mandatory release condition.”

He also rebutted Mr. Nightingale’s contention regarding the appropriation rider in the Consolidated Appropriations Act.

Even if the rider limits Justice Department funds, Mr. Haller said, it doesn’t affect the ability and responsibility of the federal courts or the U.S. probation office from applying the law in imposing release conditions on former inmates.

Mr. Haller said the probation office also opposes Pawlowski’s request.

Pawlowski was sentenced to 10 years in 2010 after a jury convicted him of attempted coercion. Judge Ambrose also imposed a 25-year probation term.