Marijuana Probation Conditions

Case decided January 11, 2021

Defendant convicted of felony attempted interstate transportation of marijuana. San Francisco International Airport security-screening officers found over 13 pounds of marijuana in luggage belonging to defendant and her mother. Defendant admitted she was paid to transport the bag containing marijuana from San Francisco to New York and done it at least twice before.

She was placed on supervised probation for a period of three years. One condition of probation was that she abstain from the use and possession of controlled substances, including marijuana.

The questions presented to the court were:

Is the condition that she abstain from use of marijuana reasonable?

Is the condition that she not possess or use controlled substances of any kind overbroad?

The court found that the condition that she abstain from using marijuana was well founded within its broad discretion to fashion appropriate conditions of probation that facilitate rehabilitation and foster public safety.

The court found that the condition that she not possess any kind of controlled substances was overbroad, and they modified it to allow her to use and possess only those controlled substances for which she has a prescription (including marijuana).

People v. Quinn, Cal.Ct.App. A156932, filed 1/11/21