P. v. McCarthy CA6
Defendant Christopher James McCarthy pleaded no contest to possession for sale of a controlled substance, LSD, in violation of section 11378 of the Health and Safety Code. The trial court suspended imposition of sentence and placed defendant on three years’ formal probation. Despite a physician’s statement that defendant qualifies for the use of medical marijuana under section 11362.5, one of defendant’s probation conditions bars him from possessing medical marijuana unless he provides his probation officer with paperwork from his primary care physician showing that he has a serious medical condition and uses the drug in pill form. The trial court also ordered defendant to pay various fines, fees, and penalty assessments, including a $150 drug program fee plus penalty assessment (§ 11372.7) and an AIDS education fine not to exceed $70 plus penalty assessment (§ 11377, subd. (c)).
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