WINNEMUCCA - Robert James Jellison won't be able to use marijuana for three years, even though he has a California marijuana prescription card.
Jellison appeared in Judge Michael Montero's district courtroom on Nov. 7 for sentencing on the charge of possession of a controlled substance for sale. Jellison had previously signed a guilty plea agreement on the charge.
Montero told Jellison that parole and probation recommended a sentence of 12 to 32 months prison with credit for time served of nine days to be suspended for a 36-month probation period.
Attorney Robert Lindsay, counsel for Jellison, told the court that the parole and probation recommendation should be followed as his client was disabled from a car accident some months ago.
Deputy District Attorney Roger Whomes also agreed with the recommendation but stated that the defendant's probation orders should also include that he not use any and all controlled substances and medicines without prescriptions.
Probation Officer Mary Close advised the court that the defendant had a California prescription card for marijuana and that probation has to follow the federal law and deny Jellison use of prescription marijuana if he is placed on probation.
Jellison spoke in his own behalf and told the court that he did have a marijuana prescription card because of back problems, migraine headaches and an eye problem. Montero asked Jellison when the last time was that he had seen a medical doctor related to any of these conditions. Jellison said he had not seen a doctor for his eye problem and headaches for quite some time. Jellison told Montero that he had been in a car accident in July when he otherwise last saw a doctor for injuries from the accident.
In reviewing Jellison's criminal record, Montero commented that this was the second offense for the defendant bringing marijuana into Nevada. Montero told Jellison, "I'm not convinced that you have learned your lesson."
Montero sentenced Jellison to 12 to 32 months prison with nine days credit for time served to be suspended and granted him 36 months probation. Jellison was further ordered to abstain not only from alcohol but all illegal drugs including his prescribed marijuana. Jellison was also ordered to complete a substance abuse evaluation and complete treatment as indicated.
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