c. 2013 San Diego Real Estate and Estate Planning Law
|Marijuana Possession Does Not Violate conditions
of Parole or Probation
If you are currently on probation, the mere possession or
cultivation of marijuana does not constitute a violation under
circumstances where you have obtained a doctor's
recommendation under the compassionate use act. Depending
upon your particular circumstances, we can represent you
before the court and get your parole violation dismissed without
violating the terms of your parole and/or probation.
If you are faced with possession of marijuana and are being
charged with violation of your parole, contact us at
The PEOPLE v. TILEHKOOH, Defendant and Appellant.
No. C040485. Dec. 8, 2003.
Background: Following a consolidated court trial and hearing,
defendant was found guilty in the Superior Court, Mono County,
No. EH0451, Stan Eller, J., of misdemeanor possession of
marijuana, he was found to have violated his probation based on
his possession and use of marijuana, and his probation was
revoked. The misdemeanor conviction was reversed on appeal
to the appellate division of the superior court, and defendant
appealed the probation violation.
Holdings: The Court of Appeal, Blease, Acting P.J., held that:
(1) defendant was entitled to assert the Compassionate Use Act
of 1996 as a defense to the probation revocation;
(2) depriving defendant of the right to assert such a defense
resulted in a denial of due process; and
(3) the alleged violation of the federal criminal marijuana law was
subject to a state law defense under the Compassionate Use Act
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