v. People

Summary

The court held that the probation statute creates a presumption that a defendant may use otherwise-authorized medical marijuana while on probation. The prosecution must rebut that presumption with material evidence, and the sentencing court must make individualized findings that prohibition is necessary and appropriate to accomplish statutory sentencing goals. Because the county court relied on a blanket policy and made no such findings, the court disapproved the district court's judgment, although it did not remand because the defendant had completed her sentence.