California Court of Appeal

Judgment convicting defendant of marijuana possession and cultivation is reversed, where: 1) the trial court erred when it refused defendant's request to instruct the jury on the statutory collective cultivation defense on the basis that defendant and his roommate-grower had not formed a marijuana collective with some indicia of formality, as indicia of a formally-organized collective is not a mandatory requirement that precludes application of the collective cultivation defense to informal joint cultivation arrangements between two qualified patients who grow marijuana exclusively for their own medical use; and 2) the error was prejudicial.

Appellate Information

• Decided 01/16/2015
• Published 01/16/2015

Judges

• Haller

Court

• California Court of Appeal

Counsel