California Court of Appeal

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People v. Phomphakdy, C056881

Conviction for misdemeanor possession of marijuana is reversed where: 1) the Medical Marijuana Program Act's numerical limits are an unconstitutional amendment to the Compassionate Use Act; and 2) application of the Medical Marijuana Program Act here was not harmless beyond a reasonable doubt.

Appellate Information

  • Decided 07/31/2008
  • Published 07/31/2008


  • ROBIE, J.


  • California Court of Appeal


  • For Appellees:
  • Joseph Shipp, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Janis Shank McLean, Supervising Deputy Attorney General, David A. Rhodes, Deputy Attorney General, for Plaintiff and Respondent.
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