(Super. Ct. No. CM030572)
The opinion of the court was delivered by: Hull , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Gary Allen Crosier entered a negotiated plea of no contest to one count of possessing marijuana for sale. (Health & Saf. Code, § 11359; unspecified section references that follow are to the Health and Safety Code.) The court suspended imposition of sentence and placed defendant on probation for three years.
On appeal, defendant asserts that the trial court abused its discretion in refusing to permit him to use medical marijuana while on probation. We affirm the judgment.
Given the nature of defendant's claim, we dispense with a statement of the underlying facts and instead focus on the sentencing hearing.
Defendant entered a plea of no contest to possession of marijuana for sale. Before sentencing, he filed a petition with the trial court pursuant to section 11362.795, subdivision (a)(1), which permits a defendant to request the court confirm the permissible use of medical marijuana while on probation.
In his supporting declaration, defendant stated that he suffered from three mental conditions: "1) intermittent explosive disorder coupled with bi-polar disorder; 2) severe anti[-]social personality disorder; and 3) post[-]traumatic stress disorder." He stated that he also suffered from various physical conditions, specifically "1) Hepatitis; 2) severe arthritis; 3) degenerative bone disease in neck; 4) two disc protrusion[s] (lower back injury due to being thrown off second tier while in custody); 5) torn meniscus and ACL in right knee[; and] 6) hip problems, with an unknown diagnos[i]s."
He added that he did not use prescription drugs because he had a "bad liver and kidney" and because psychotropic drugs left him in a stupor. According to defendant, medical marijuana kept him stable and allowed him to complete his tasks. He also stated that he had been told that, due to his liver disease, his life expectancy would be shortened with traditional medications.
Defendant submitted a letter from the doctor who prescribed his medical marijuana, Dr. Phillip Denney. Dr. Denny said he had been treating defendant since March 2006, when defendant came to his office due to chronic pain in his right knee and hip from an earlier injury. Defendant found that marijuana helped manage his pain and helped him sleep; defendant "much preferred Cannabis to prescription medications[,] particularly narcotics."
Dr. Denny said a review of defendant's medical history revealed a diagnosis of chronic Hepatitis C that had been "largely inactive and not currently treated." The doctor's examination of defendant found no signs of active hepatitis. However, the examination did reveal "positive findings of pain, stiffness ...