Mower

Certified for Partial Publication. [*]

This is a medical marijuana defense case. Appellant was charged and convicted of Health and Safety Code section 11358, cultivation of marijuana, a felony, and Health and Safety Code section 11357, subdivision (c), possession of more than 28.5 grams (one ounce) of marijuana, a misdemeanor. Appellant appeals from the subsequent judgment and contends: (1) that he was "in custody" when he gave a statement in the hospital without receiving Miranda [1] warnings and the statement therefore should have been excluded; (2) that the statement he gave in the hospital was involuntary and therefore should have been excluded; (3) that the trial court should have instructed the jury on an affirmative defense sua sponte; (4) that the trial court erred in failing to give the jury a special verdict form; (5) that he is entitled to complete immunity under Health and Safety Code section 11362.5, the Compassionate Use Act; and (6) that Tuolumne County's policy of limiting marijuana growth for personal use to three plants violates the United States and California Constitutions' ex post facto clauses. As set forth below, we reject all of appellant's…