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"Nothing Mellow About Dissent in Medical Pot Case"

By Douglas A. Berman

The title of this post is the headline of this notable article from law.com, which reports on this interesting state appellate ruling from California dealing with an interesting issue about conditions of probation.  Here are the details: In an unusually contentious ruling Monday, California appellate court Judges Paul Haerle and J. Anthony Kline got in each other's faces about whether a judge can order a criminal defendant to stop using medicinal marijuana while on probation when the underlying crime has nothing to do with pot use. Kline says you can't. Haerle says you can, and -- unfortunately for Kline -- Haerle was backed in the 2-1 ruling by Justice James Richman. The opinion focused on Daryl Moret Jr., who pleaded no contest to possession of a concealed firearm on the condition he abstain from using marijuana, which he claimed a doctor had recommended for chronic migraine headaches...continue to full post

Full post as published by Sentencing Law and Policy on December 30, 2009 (boomark / email).