People v. Urziceanu: While Prop 215 did not protect collective medical marijuana gardens or sales, SB420 HS 11362.775 did (ending in 2019).
NOTICE: The California Legislature voted to terminate the legal defenses for Collective gardens and sales in January 2019 via AB 266 (MMRSA / MCRSA)
“As we shall demonstrate, the [Prop. 215] Compassionate Use Act, alone, does not authorize collective growing and distribution of marijuana by a group of qualified patients and caregivers.” .. “This new law [HS11362.775] represents a dramatic change in the prohibitions on the use, distribution, and cultivation of marijuana for persons who are qualified patients or primary caregivers and fits the defense defendant attempted to present at trial. Its specific itemization of the marijuana sales law indicates it contemplates the formation and operation of medicinal marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana. ” Continue reading SB 420: Patient collectives get defense for sales→
Qualified medical use is allowed during probation: “The people of California and a growing number of other states have recently enacted compassionate use laws. Congress should consider the wisdom of accommodating the people of these states.” — Concurring opinion of Judge J. Morrison