Transporting Medical Marijuana

     A qualified patient operating legitimate dispensary is entitled to defense on the charge of transporting marijuana form one dispensary to another for medical purposes.  At his court trial, Colvin raised the defense under the Medical Marijuana Program Act (MMPA), which provides a defense to specified classes of people, including "qualified patients," who "associate . . . in order collectively or cooperatively to cultivate marijuana for medical purposes." (11362.775 H&S.)  The trial court found that the defendant, although a qualified patient operating a "legitimate dispensary," was not entitled to a defense because the "transportation had nothing to do with the cultivation process" and was "outside what the law permits."  The appellate court disagreed and reversed the ruling of the trial court, 11362.775 H&S applies.  People v. Colvin (2012)
    
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