People v. Sledge CA6

I. INTRODUCTION

Defendant Aaron Sledge pleaded no contest to possession of marijuana for sale and misdemeanor possession of marijuana. (Health & Saf. Code, §§ 11359, 11357, subd. (c).)1 He was placed on probation with various terms and conditions, including that he not use or possess a controlled substance without a prescription. Defendant applied for a modification of probation in order to use medical marijuana. The trial court denied the application. On appeal, defendant contends that the trial court abused its discretion in denying his application to modify probation to allow medical marijuana use. For reasons we will explain, we will affirm the order.

1 All further statutory references are to the Health and Safety Code unless otherwise indicated.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Offense2 In July 2008, a Seaside police officer observed a vehicle parked in an empty lot between two homes just after midnight. The area was known for drug-related activities. As the officer approached the vehicle, he smelled marijuana and saw four people in the vehicle, including defendant. After talking to the driver, the officer had the occupants exit the vehicle. Defendant had a…