The Ninth Circuit has deferred to the Board of Immigration Appeals’ decision in Matter of Davey and determined that the circumstance specific approach applies to the personal use exception for marijuana-related deportability.
The full text of Bogle v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/06/23/19-72290.pdf
An amended opinion can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/12/29/19-72290.pdf