Thursday, November 1, 2012

Size of medical marijuana collective doesn't bar defendant from introducing MMPA defense

Defendant's conviction for sale and possession of marijuana was reversed and remanded where the trial court erred in disallowing the defendant from offering his defense under the Medical Marijuana Program Act (MMPA), with respect to distribution to patients who associated for the purpose of collectively cultivating marijuana.  Contrary to the trial court's ruling, the large membership of defendant's collective, very few of whom participated in the actual cultivation process, did not as a matter of law prevent defendant from presenting an MMPA defense.

The case is People v. Jackson, Cal.App.4th, Oct 24, 2012 (D058988).