California Court of Appeal

In case where defendant had a formal certificate from his doctor for lawful marijuana consumption under the Compassionate Use Act, allowing him to posses up to eight ounces of marijuana, conviction for possessing six ounces of marijuana for sale is reversed where the record lacks any substantial evidence that the arresting officer had any expertise in differentiating citizens who possess marijuana lawfully for their own consumption, as distinct from possessing unlawfully with intent to sell.

Appellate Information

• Decided 12/21/2007
• Published 12/21/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Kristin A. Erickson, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Erika Hiramatsu and Heather F. Crawford, Deputy Attorneys General, for Plaintiff and Respondent.