Supreme Court of California

A court of appeals' reversal of a conviction for transporting marijuana and a related offense is reversed where: 1) the Medical Marijuana Program (MMP) applies retroactively to cases pending at the time of its enactment and, thus, to the case at hand; 2) defendant presented sufficient evidence to entitle him to an instruction on the Compassionate Use Act (CUA) as an affirmative defense to the transportation charge; but 3) nevertheless, the instructional error was harmless.

Appellate Information

• Decided 11/27/2006
• Published 11/27/2006

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Maureen J. Shanahan, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Donald E. de Nicola, Deputy State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela A. Ratner Sobeck, Marc J. Nolan, Ana R. Duarte and Erika Hiramatsu, Deputy Attorneys General, for Plaintiff and Respondent.