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 |
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