The law is changing in California. The courts are recognizing the need to properly interpret the laws pertaining to medical marijuana.
Under People v. Trippet (1987) and People v. Wright (2006), the medical marijuana defense can be applied to a charge of transportation of marijuana.
Return of Marijuana
Garden Grove v. Superior Court (Kha) ruled that patients do have a lawful right to the return of marijuana.
Jury Cannot Second Guess Lawful Medical Rx
The court, in People v Jones, ruled that the jury cannot second guess the validity of a medical marijuana prescription and that a patient's testimony is all that is required. People v Spark (2004)
Police Officers Must be Qualified as Medical Marijuana Experts
The officer must be an expert in medical marijuana in order to claim that the marijuana was being used for sales. People v. Chakos (2007)
A good faith belief in the medical marijauna defense is a defense to conspiracy to sell marijuana. People v. Uriceanu (2005)
No Limit to Marijuana
People v. Kelly recently held that the legislature's enactment of quantity limits on California's medical marijuana law in 2003 constituted an unconstitutional amendment of the voter-passed Compassionate Use Act.
Contact Los Angeles Drug Crimes Attorney David D. Diamond today!