California Court of Appeal

Conviction of cultivation of marijuana and possession of marijuana for sale, with finding of being armed with rifles in the commission of the offenses, and three years probation, is reversed based on principal claim that the trial court deprived defendant of the defense, under the Compassionate Use Act of 1996, of being a patient's primary caregiver who cultivated marijuana for the personal medical purposes of the patient upon the recommendation of a physician.

Appellate Information

• Decided 10/18/2006
• Published 10/18/2006

Judges

• ELIA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Joseph M. Bochner, under appointment by the Court of Appeal, in association with the Sixth District Appellate Program, for Appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Moona Nandi, Supervising Deputy Attorney General, and Michele J. Swanson, Deputy Attorney General, for Respondent.