P. v. Tosto
Appellant/defendant Jeremy Tosto and codefendant Scott Kennedy were charged with the cultivation of marijuana, based upon their operation of an indoor garden, which consisted of 36 large and 409 germinating marijuana plants. Tosto and Kennedy relied on the affirmative defense that they were qualified patients lawfully using medical marijuana pursuant to the limited immunity provided by the Compassionate Use Act of 1996 (CUA) (Health & Saf. Code,[1] 11362.5). After a joint jury trial, Tosto and Kennedy were convicted as charged, and the court suspended imposition of their sentences and placed them on formal probation for five years pursuant to various terms and conditions, including service of five months in jail. In this appeal, Tosto argues the jury was not properly instructed on the burden of proof and quantity limitations applicable to the CUAs affirmative defense, and the court improperly imposed fines and penalties without clarifying the statutory bases for its orders. Court will remand the matter for the trial court to correct the imposition of fines and penalties, and otherwise affirm.
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