California Court of Appeal

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People v. Jackson, D058988

Defendant's conviction for sale and possession of marijuana is reversed and remanded where: 1) trial court erred in granting People's motion preventing defendant from offering evidence he was entitled to the defense provided by the Medical Marijuana Program Act (MMPA) to patients who associate for the purpose of collectively cultivating medical marijuana; 2) the collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization; and 3) contrary to the trial court's ruling, the large membership of defendant's collective, very few of whom participated in the actual cultivation process, did not as a matter of law prevent defendant from presenting an MMPA defense.

Appellate Information

  • Decided 10/24/2012
  • Published 10/24/2012

Judges

  • Benke

Court

  • California Court of Appeal

Counsel

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