People v. Tilehkooh

(2003): This ruling criticizes the decision in People v. Bianco (2001) which held that it is within the trial court's discretion to impose a probation condition prohibiting all marijuana use for the offense of marijuana cultivation where defendant was a long-time marijuana user and his marijuana use was found to have contributed to his offense. Instead, the court sided with statutes enacted by SB 420 which expressly authorizes qualified patients to request that the trial court confirm that they may use marijuana for medical use while on probation or released on bail. The court ruled in Tilehkooh that no rehabilitative purpose is served by such probation condition in cases where there is no claim of diversion or violent behavior by defendant). Even if the court imposes a probation condition forbidding all marijuana use, defense counsel should assert the CUA as a defense in any probation revocation proceedings brought against a qualified patient. Tilekooh explicitly rejected the proposition that state courts could enforce federal prohibitions on medical marijuana use for qualified patients as a probation condition. Click to view the ruling.