Legal Opinion

People v. Bianco

California Court of Appeal

Decided October 31, 2001No. C036486PublishedCited by 19 opinions

1Opinion of the Court

Opinion

MORRISON, J.

Defendant Stephen Richard Bianco was granted probation subject to certain conditions. On appeal, defendant claims a probation condition prohibiting him from using or possessing marijuana impinges on his right to the medical use of marijuana under state law. (Health & Saf. Code, § 11362.5.)1 We conclude that the trial court acted within its traditional discretion in imposing the probation condition.

Factual and Procedural Background

Under a negotiated agreement, defendant pleaded guilty to a felony charge of cultivating marijuana. (§ 11358.) Defendant was unable to complete a…

2Cases cited6 opinions

  1. People v. LentCalifornia Supreme Court · 1975
  2. United States v. Oakland Cannabis Buyers' CooperativeSupreme Court of the United States · 2001
  3. People v. PriviteraCalifornia Supreme Court · 1979
  4. People v. HacklerCalifornia Court of Appeal · 1993
  5. People v. BrewerCalifornia Court of Appeal · 2001

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. People v. TilehkoohCalifornia Court of Appeal · 2003
  2. State v. NelsonMontana Supreme Court · 2008
  3. People v. MoretCalifornia Court of Appeal · 2010
  4. People v. WatkinsColorado Court of Appeals · 2012
  5. People v. LealCalifornia Court of Appeal · 2012

14 more not listed; retrieve them via the Exa API.

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