Wednesday, March 7, 2012

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)
    
Brought to you courtesy of the Law Offices of Arna H. Zlotnik a criminal defense attorney serving the greater Los Angeles area, including downtown Los Angeles, Beverly Hills, the San Fernando Valley, East Los Angeles, Westside and the South Bay.  Also, Orange and Ventura counties.  Please contact us today to see that justice will prevail and your constitution rights are protected.  Misdemeanor or felony.

1 comment:

  1. For a truck accident lawyer, transporting marijuana can have some legal repercussions. It is important that there are enough documentations in any event this is done so.

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