State v. Smith

Defendant pleaded guilty to a charge of possession of a controlled substance. The trial court sentenced him to 36 months’ probation, including the condition that he not possess illegal drugs or narcotics.

Defendant now appeals a probation violation judgment and order in which the trial court found defendant to be in violation of probation, continued probation, and imposed an additional condition prohibiting defendant from possessing marijuana, notwithstanding the fact that, by the time the trial court imposed that condition, defendant had obtained a medical marijuana card.

The state responds…