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Facing Criminal Marijuana Charges? Get State Bar Certified Criminal Law Specialist David D. Diamond On Your Side

Medical Marijauna Case Law

1. People v. Konow (2004) 32 Cal.App.4th 995 - Court can dismiss the complaint/information in the interest of justice.

2. People v. Kelly (2010) 47 Cal.4th 1008 - No limit on amount of medical marijuana

3. People v. Wright (2004) 21 Cal.Rptr.3d 609 - Medical marijuana defense applies to transportation charges

4. People v. Jones (2003) 112 Cal.App.4th 341 - Once the medical marijuana defense is raised by defendant's testimony that doctor told him to use marijuana, the prosecution must disprove this theory by a reasonable doubt

5. People v. Spark (2004) 121 Cal.App.4th 259 - No need to show defendant was "seriously ill." jury cannot second guess a valid prescription for medical marijuana.

6. People v. Chakos (2007) 158 Cal.App.4th 357 - Limitations on testimony from law enforcement if they are not qualified as medical marijuana expert.

7. People v. Peron (1997) 59 Cal.App.4th 1383 - A primary caregiver who consistently grows and supplies physician approved or prescribed medical marijuana for a section 11362.5 patient is serving a health need of a patient.

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