People v. Sharp

Opinion

MORRISON, J.

At issue in this case is whether a defendant convicted of cultivating marijuana (Health & Saf. Code, § 11358) is eligible for drug treatment rather than incarceration under Proposition 36 (Pen. Code, § 1210 et seq.) if the cultivation was for personal use. We agree with the trial court that cultivation of marijuana does not meet the statutory definition of a “nonviolent drug possession offense” because it is not “possession, use, or transportation for personal use” or “being under the influence” of a controlled substance. (Pen. Code, § 1210, subd. (a).) Rather, cultivation…