United States v. Harvey, No. 11-50268 (9th Cir. 2011)
Annotate this CaseDefendant appealed from the district court's order finding him in violation of his conditions of supervised release based upon his use of marijuana. Defendant asserted that because he had a recommendation from a physician to use marijuana in California pursuant to the California Compassionate Use Act of 1996, Cal. Health & Safety Code 11362.5, he did not violate the possession prohibition of the Federal Controlled Substances Act, 21 U.S.C. 844(a). The court affirmed the judgment of the district court and adopted that court's reasoning, with one addition. Whatever else "order" might mean under section 844(a) of the Controlled Substances Act, it did not include a mere recommendation from a physician pursuant to the Compassionate Use Act.
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