California Court of Appeal

Dismissal of charges against defendants for selling marijuana and possession of marijuana for sale after the trial court approved a defense instruction that would allow the retail sale of marijuana and the People declined to proceed, is reversed and remanded, where: 1) neither the Compassionate Use Act (CUA) nor the Medical Marijuana Program Act (MMPA) allows for the sale of marijuana for profit; and 2) any money received must be no more than a cooperative or collective member's proportionate share of the actual cost of cultivating and distributing the marijuana.

Appellate Information

• Decided 10/16/2013
• Published 10/16/2013

Judges

• GILBERT

Court

• California Court of Appeal

Counsel