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 (2008) B195624, Court of Appeals, 2nd district – no limit on amount of marijuana
3. People v. Wright (2004) 121 Cal.App.4th 1356 – 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. Person (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 heath need of a patient.
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