Fisher

In the published portion of this opinion we decide that law enforcement officers are not required to abandon a search for marijuana authorized by a search warrant when a resident of the premises to be searched produces documents that suggest he has a physician’s permission to possess the marijuana pursuant to the Compassionate Use Act of 1996, codified as Health and Safety Code section 11362.5 (all unspecified statutory references are to the Health and Safety Code).

Facts and Procedural History

On July 30, 1999, a Siskiyou County deputy sheriff participating in a flyover of defendant Stephen Ray Fisher’s property observed “at least three marijuana plants” behind defendant’s home. Based on this observation, a search warrant was issued for defendant’s residence, and on August 4, officers went to defendant’s residence to serve the warrant.

Before the officers could execute the warrant, defendant acknowledged that the marijuana behind the residence was his but showed the officers a “certificate” purporting to be a physician’s permission to possess the marijuana for medicinal use in accordance with section 11362.5. Although the officers were unsure at that point whether a…