P. v. Gasper
After denial of his motion to traverse a search warrant, defendant Dane Aaron Gasper pleaded no contest to cultivation of marijuana, and other charges were dismissed. (Health & Saf. Code, 11358.) The trial court granted probation, and defendant appealed. Defendant contends the adoption of Proposition 215 and related statutory enactments allowing the cultivation and use of marijuana for medical purposes means that marijuana is no longer presumptively illegal, and therefore its smell cannot provide probable cause. Court affirm.
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