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A Montana mother allowed her 18-month-old baby daughter to inhale from a marijuana water pipe on several occasions. Ms. Durham remarked that smoking improved Michala's appetite and left Michala lethargic and mellow - a manner she found consistent with her own experience smoking marijuana.

Jessica Durham was photographed allowing her toddler Michala to suck from a marijuana water pipe, also known as a bong, in 2004 by a friend upset about the activity.

In 2005, a lower court sentenced Durham to five years in prison for unlawful marijuana distribution.

In its ruling on Friday, a three-judge panel of the 9th Circuit upheld the conviction but said the sentence exceeded the applicable federal law which calls for punishment of no more than two years in prison.