Chavez

Marvin Chavez was arrested for cultivation and possession of marijuana for sale. After his case was dismissed, he filed a motion seeking the return of “a reasonable amount” of marijuana for medicinal purposes. Chavez contends it was an abuse of discretion for the trial court to deny the motion because he is entitled to possess, use, and cultivate marijuana pursuant to Health and Safety Code section 11362.5—the Compassionate Use Act of 1996. We disagree and deny the petition.

FACTS

The facts are largely undisputed. A jury convicted Chavez of two counts of selling and one count of transporting marijuana in Orange County Superior Court case No. 98CF0113. He was sentenced to six years and granted bail pending appeal. While awaiting the outcome of the appeal on the first case, Chavez was arrested on new charges. A September 2001 search of Chavez’s home had uncovered 46 live marijuana plants, 10 pounds of marijuana drying in a shed, and approximately 4.5 pounds of cultivated marijuana. In the new case, Orange County Superior Court No. 01CF2914, Chavez was charged with one count of cultivation and one count of possession of marijuana for sale. Chavez was held to answer. This…