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.