A California Court of Appeal opinion last week highlighted judges’ growing impatience with the state’s medical marijuana law. After a jury convicted the defendant of possession of marijuana for sale, the superior court put him on probation and ordered him not to possess or to use pot under any circumstances, despite his medical-marijuana card. His appeal was fruitless; the appellate court held that the Compassionate Use Act gives no inherent right to use medical marijuana on probation.
Earlier cases also rejected a defendant’s plea to use pot while on probation. This one is significant because of the court’s attitude toward the medical marijuana law, which it opined was just a “charade” to hide recreational pot use. It cited police reports that ninety percent of arrested weed sellers have marijuana cards and news accounts about how easy they are to get. The defendant’s statement to the police that he “loved to smoke weed” did not make him more sympathetic; his handgun didn’t help, either.
Pot card or no, an employee coming to work stoned can be fired. Tenants who think that their marijuana evaluation lets them start a grow may find themselves on the street.