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Name: People v. Bianco
Case #: C036486
District 3 DCA
Opinion Date: 10/31/2001
Subsequent History: Rev. denied 1/16/02.
Summary

Appellant pleaded guilty to cultivation of marijuana, and did not complete a diversion program. Prior to sentencing, he obtained a physician’s recommendation for the medical use of marijuana, which was facially in compliance with the California Compassionate Use Act. The probation report noted that the physician’s recommendation was not obtained until well after the offense in this case was committed. At sentencing, appellant objected to a probation condition that he not use or possess marijuana. The trial court imposed the condition, and appellant appealed. Here, the appellate court rejected appellant’s argument that the probation condition impinged upon his right to medical use of marijuana under state law. Appellant had used marijuana since 1967, and acknowledged his unlawful use by his prior guilty plea. The probation condition was reasonably related to the offense and to appellant’s future criminal and nonmedical use of marijuana. The court further rejected appellant’s argument that the probation condition implicated his right to privacy by impeding his right to select appropriate medical treatment.