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A Common Legal Issue in the Context of Medical Marijuana Litigation

By Walin & Klarich

The Issue of Possession of Marijuana for Personal Medical Needs, Versus, Possession of Marijuana for the Needs of Others Defendant, Nathaniel Archer, was found guilty of cultivation of marijuana in violation of Health and Safety Code section 11358, a felony, and of simple possession of marijuana in violation of section 11357(a). On appeal, the parties were in agreement that the trial court erred when it included the numerical limits set forth in section 11362.77, subdivision (a) of the Medical Marijuana Program Act (MMPA) in instructing the jury regarding the amount of medical marijuana that Archer could lawfully possess and/or cultivate because this section unlawfully amends the Compassionate Use Act (section 11362.5) (CUA) passed by voters in 1996 as Proposition 215...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 02, 2010 (boomark / email).