Brooks

Thomas Theodore Brooks has a physician’s recommendation for medical marijuana use. (Health & Saf. Code, § 11362.5, subd. (d).) Nevertheless, we conclude circumstances here permit the trial court to impose a probation condition barring Brooks’s use of medical marijuana. We affirm.

FACTS

In December 2006, Brooks was arrested for possession of marijuana and methamphetamine. In February 2007, he pled guilty to one count of possession of methamphetamine. Brooks waived Proposition 36 probation (Pen. Code, § 1210.1, subd. (b)(4)), and the trial court placed him on formal probation for three years. Among the terms and conditions of probation was that Brooks not be in possession of illegal drugs unless on recommendation of a physician pursuant to Proposition 215, the Compassionate Use Act of 1996 (CUA), section 11362.5 et seq.

In January 2009, the police stopped Brooks for a traffic violation and found approximately two pounds of marijuana in his car. The quantity and packaging led them to arrest Brooks for possession of marijuana for sale.

Instead of bringing a separate charge, the prosecution moved to revoke Brooks’s probation. A contested probation violation hearing was…