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CUA Permits Qualified Patients to Transport for Collective

posted Mar 13, 2012, 4:00 PM by Robert Weems   [ updated Mar 13, 2012, 4:03 PM ]
The Compassionate Use Act (CUA) provides a defense to a charge of transportation of marijuana when carried by a qualified patient operating a legitimate dispensary. The defendant was one of 14 grower members of a nonprofit medical marijuana dispensary group with 5,000 members operating under the Medical Marijuana Collective Ordinance in Los Angeles. He grew marijuana and dropped it off at the dispensary for other members to purchase. He was carrying just over a pound of marijuana, concentrated cannabis, and cocaine when arrested about a block and a half from the dispensary clinic. The trial court found that he was a qualified patient and that he was operating a legitimate dispensary, but that the transportation charge had nothing to do with the cultivation process which is provided for by Health and Safety Code section 11362.775. The judgment for transportation of marijuana and possession of concentrated cannabis were reversed. The statute’s plain and commonsense meaning entitles the qualified patient to a defense to those two charges. People v. Colvin , 2/23/12