In People v. Spark (2004) 121 Cal.App.4th 259, the court held that there is no need to show defendant was "seriously ill." During a trial for medical marijuana, a jury cannot second guess a valid prescription for medical marijuana. As such, the prosecution cannot try and impeach a medical marijuana patient by asking the doctor why there was a need for the recommendation.
Medical Marijuana Court Rulings- Jury Cannot Second Guess Need
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