Supreme Court of California

Convictions for cultivation and possession of marijuana for sale are reversed where: 1) a defendant whose caregiving consisted principally of supplying marijuana and instructing on its use, and who otherwise only sporadically took some patients to medical appointments, could not qualify as a primary caregiver under the Compassionate Use Act of 1996 and was not entitled to an instruction on the primary caregiver affirmative defense; and 2) nothing in the Legislature's subsequent 2003 Medical Marijuana Program altered this conclusion or offered any additional defense on the record.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

Court

• Supreme Court of California

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