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Court of Appeal:
Probationer May Be Barred
From Using Marijuana Though Unrelated to Offense
By
a MetNews Staff Writer
The First District Court of Appeal yesterday rebuffed the
contention of a man who beat up his girlfriend that barring him from use of
marijuana as a condition of probation, imposed after he pled no contest to an
assault charge, was an abuse of discretion because his offense did not stem
from use of drugs or alcohol.
However, his past use of drugs and alcohol justified the
order, Presiding Justice J. Anthony Kline of Div. Two declared, as a means of
deterring future criminality. Kline rejected a contrary view expressed in a
1990 case.
The Office of Attorney General agreed with the appellant,
Steven Matthew Stewart, that there was no showing that he lacked sobriety while
committing his offense, and that possession and use of small amounts of
marijuana is now…