Spurlock

Defendant was convicted by a jury of three counts of selling marijuana (Health & Saf. Code, § 11360, subd. (a)), one count of offering to sell a controlled substance (Health & Saf. Code, § 11382), one count of cultivation of marijuana (Health & Saf. Code, § 11358), and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). Challenging the court’s definition of marijuana and its post-trial orders, defendant appeals.

This case is in part controlled by People v. Van Alstyne (1975) 46 Cal.App.3d 900 [ 121 Cal.Rptr. 363 ], which dealt with the question of the definition of “Cannabis sativa L.” as used in Health and Safety Code section 11018. We decline the invitation of defendant to reconsider that decision and reject it. Nor are we inclined to limit its holding to marijuana containing tetrahydrocannabinol only; a careful reading of the court’s analysis (at pp. 910-917), convinces us that such limitation was not intended. (See also People v. Hamilton (1980) 105 Cal.App.3d 113 [ 146 Cal.Rptr. 153 ].)

Defendant’s 4-year sentence to state prison was stayed on March 2, 1979; he was placed on probation, the terms of which included 15 months in county jail…