California Court of Appeal

Conviction of defendant for one count of cultivating marijuana is reversed, where: 1) the jury instructions failed to explain clearly the defense potentially available to defendant under Health and Safety Code section 11362.775, which legalizes the operation of cooperatives and collectives for cultivation of marijuana by groups of patients; and 2) it is reasonably probable that this deficiency in the instructions confused the jury and affected the outcome.

Appellate Information

• Decided 01/09/2015
• Published 01/09/2015

Judges

• Gomes

Court

• California Court of Appeal

Counsel