P. v. Trujillo CA3
Defendant Patrick Trujillo appeals from his conviction for possessing a controlled substance while in prison. Defendant contends the trial court violated his rights to due process, to present a defense, and to a fair jury trial by not permitting him to present the defense of medical necessity. He further argues the court erred in denying his request for a jury instruction on necessity.
We conclude defendant was not entitled to present a defense of medical necessity because Health and Safety Code section 11362.5 limits the common law medical necessity defense, as it relates to marijuana, to those who have “a physician’s recommendation or approval” for the use of marijuana and defendant had neither. (People v. Galambos (2002) 104 Cal.App.4th 1147, 1160-1161 (Galambos).) Accordingly, defendant also was not entitled to a jury instruction on necessity. We thus find no error and affirm.
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