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California case
People v. Tilehkooh 7 Cal. 4 th 457
2002
Defendant appealed an order from the Superior Court of Mono County ( California ), which revoked defendant's probation on a controlled substance charge after finding that defendant had violated his probation by possessing and using marijuana. Defendant gave his probation officer a copy of a physician's statement that recommended marijuana for defendant's medical condition. The probation officer seized marijuana from defendant's home and filed a report alleging a probation violation. The trial court did not allow defendant to present a medical marijuana defense under Cal. Health & Safety Code ' 11362.5 because defendant was not seriously ill. There was no finding that defendant's use or possession endangered others or that he had diverted marijuana for nonmedical purposes. The trial court revoked defendant's probation for violation of the condition that he not possess or consume controlled substances.
The appellate court said the trial judge was wrong and, in reversing, held that '11362.5 applied to any illness for which marijuana provided relief. Defendant did not have to prove that he was seriously ill. Moreover, ' 11362.5 provided a defense to a probation revocation based on marijuana possession or use. Thus, defendant had a due process right to present his medical marijuana defense.
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