Rigo

Serge Rigo was arrested for cultivation of marijuana the day before the effective date of the Compassionate Use Act of 1996 (Health & Saf. Code, § 11362.5). Over three months later, Rigo obtained a doctor’s approval on a written prescription form for medical use of marijuana. On stipulated facts, the superior court ruled that approval three months after the arrest did not bring the case within section 11362.5, and found Rigo guilty of cultivation of marijuana. We affirm.

Background

Appellant’s home was searched on November 5, 1996. Officers found 4 marijuana branches hanging in the garage, 2 garbage bags containing marijuana cuttings, a brown bag containing 7.5 ounces of marijuana, and 4 white plastic bags of marijuana, containing 14 ounces, 13 ounces, 3 ounces, and slightly over a pound of marijuana. On November 13, 1996, appellant was charged with cultivation of marijuana and possession of marijuana for sale (§§ 11358, 11359). At the preliminary hearing, the court held appellant to answer on both counts. On May 13, 1997, the parties informed the court that they had reached an agreement whereby appellant would waive a jury trial, the district attorney would file an…