People v. Gates CA4/1

STATEMENT OF FACTS

At the evidentiary hearing the probation officer testified she had repeatedly

instructed Gates to seek approval from the court for his continued marijuana use. Gates

told her he had a marijuana card, but never showed it to the probation officer.

Notwithstanding the probation officer's instructions, Gates did not seek approval of his

marijuana use, because he did not think it necessary.

Gates testified he had been prescribed marijuana because he suffered from

glaucoma, arthritis and "deep anxiety."

The parties stipulated that Gates had a marijuana card.

DISCUSSION

Gates contends the court should not have revoked his release since his marijuana

card was equivalent to a prescription, thus he was not using a controlled substance

without a prescription. Further, Gates argues he was not required under section

11362.795 to seek court approval of his marijuana use, because he was entitled to use

marijuana.

Regarding his argument he had a "prescription," the court did not revoke his

release for using a controlled substance without a prescription. Rather, the court assumed

the card was equivalent to a prescription and did not revoke his release on…