Trial court's revocation of defendant's Proposition 36 probation and imposition of a 30-day sentence in a county jail is reversed and remanded as the authorized use of medical marijuana does not by itself make a nonviolent drug offender unamenable to the treatment mandated by Proposition 36.
Filed January 28, 2010
Opinion by Judge Wiseman
For Appellant: Michael Allen
For Appellee: Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Peter H. Smith, Deputy Attorneys General