If you are asserting a medical marijuana defense, you must ensure that the prosecution uses a medical marijuana expert. Most peace officers are NOT trained to recognized medical marijuana use. Pursuant to People v. Chakos (2007) 158 Cal.App.4
th 357, there are limitations on testimony from law enforcement if they are not qualified as medical marijuana expert. For example, if you claim that the marijuana seized is for lawful purposes, the officer cannot testify that it is for sales, unless he is trained on medical marijuana as well.
