Medical Marijauna Case Law
1. People v. Konow (2004) 32 Cal.App.4th 995 - Court can dismiss the complaint/information in the interest of justice.
2. People v. Kelly (2010) 47 Cal.4th 1008 - No limit on amount of medical marijuana
3. People v. Wright (2004) 21 Cal.Rptr.3d 609 - Medical marijuana defense applies to transportation charges
4. People v. Jones (2003) 112 Cal.App.4th 341 - Once the medical marijuana defense is raised by defendant's testimony that doctor told him to use marijuana, the prosecution must disprove this theory by a reasonable doubt
5. People v. Spark (2004) 121 Cal.App.4th 259 - No need to show defendant was "seriously ill." jury cannot second guess a valid prescription for medical marijuana.
6. People v. Chakos (2007) 158 Cal.App.4th 357 - Limitations on testimony from law enforcement if they are not qualified as medical marijuana expert.
7. People v. Peron (1997) 59 Cal.App.4th 1383 - A primary caregiver who consistently grows and supplies physician approved or prescribed medical marijuana for a section 11362.5 patient is serving a health need of a patient.
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Real Results
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Not Guilty Verdict CA v J.R.
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Dismissed CA v A.C.
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Argued Successfully CA v C.V.
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Motion to Suppress the Stop and Search GRANTED CA v C.M.
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New Trial Ordered CA v. M.E.
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Motion to Suppress Evidence, Case Dismissed CA v. M.G
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Hung Jury One Count Carjacking, Gang Enhancement
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Reduced to Seven Years Client Facing 3rd Strike (Life in Jail)
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Reduced to Public Intoxication DUI
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Reduced to Exhibition of Speed DUI