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I could care less about marijuana laws. I have no desire at all to rally behind something like people that want to smoke herb. We all know the reasons why it's illegal and I don't think that any government in charge is going to change that, not in America.

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CA Supreme Court: Transporting Pot is Legal for Medicinal Users PDF Print E-mail
Written by Matt Vaughn   
Tuesday, 28 November 2006

Monday, Nov. 27, the California Supreme Court issued a long-awaited opinion in People v. Wright, in which under SB 420, either the holder of an identification card or a "qualified patient" - someone entitled to the protections of the CUA (Compassionate Use Act), but who does not have an indentification card - may assert the CUA as a defense to a charge of transporting marijuana.

 

SB 420 applies retroactively to pending cases.

 

A defendent need not indenitfy himself or herself to police as a medical user at the time of arrest (remember HIPPA?) before he or she can assert a medical defense.

 

The "default guidelines" set forth in Health & Safety Code sec. 11362.77(a) were intended "to be the threshold, not the ceiling," and a defendant who exceeds those guidelines is still entitled to a compassionate use instruction.

Last Updated ( Wednesday, 29 November 2006 )
 
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