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Name: People v. Brooks
Case #: B216238
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/16/2010

A probation condition prohibiting the use of medical marijuana was reasonably related to the offense. Brooks was on probation for a substance abuse offense when he was found in possession of two pounds of marijuana. The terms of his probation prohibited possession of marijuana except upon the advice of a physician pursuant to Proposition 15. The prosecution moved to violate Brooks’s probation and a hearing was held. Brooks testified that the marijuana was for personal use and produced a medical marijuana recommendation. The court found that Brooks possessed the marijuana for sale and found him in violation of probation. It reinstated probation but modified the terms to prohibit Brooks from any use or possession of controlled substances. On appeal, Brooks contended that the court could not impose a probation condition barring the use of doctor-recommended medical marijuana. The appellate court disagreed and affirmed the judgment. The trial court has the discretion to impose probation conditions that prohibit even legal activity. Brooks’s drug possession charge was reasonably related to the use of medical marijuana. Therefore the trial court did not abuse its discretion when imposing the probation condition prohibiting Brooks from using or possessing any controlled substances, including medical marijuana.