Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
The California Supreme Court on Monday for the first time defined "caregiver" as it relates to medical marijuana growing and struck down a line of defense that many marijuana growers have used when faced with prosecution.
According to the Court, a caregiver must have a consistent relationship with the medical marijuana patient and one that existed before the use of medical marijuana. It specifically looked at the wording of the medical marijuana law, Prop. 215, which defines a caregiver as the person who has "consistently assumed responsibility for the housing, health, or safety of that person." The Court concluded that simply supplying someone with medical marijuana - or even taking them to the doctor now and then - does not make you a caregiver for the purpose of protecting you from prosecution for cultivating and transporting marijuana.
The California Supreme Court's decision stems from a case in Santa Cruz County in which Roger Mentch was convicted of marijuana cultivation and transportation even though he had two people testify that he provided them with medical marijuana and he testified that the more than 175 marijuana plants growing in his home were solely for either his own medicinal use or medical marijuana sales.
Mentch's defense was based on his contention that he was protected from prosecution by his role as a caregiver for others, defined by him as the person who took responsibility for a medical marijuana patient's health by providing that patient with marijuana.
But he was convicted in trial court. He had the conviction reversed on appeal by arguing that the trial court judge should have instructed the jury that he conceivably had a caregiver defense.
The California Supreme Court, however, decided to take the case in order to define caregiver in the law and since it went on to define caregiver as much more than supplying marijuana, the court concluded that the trial judge had correctly omitted the caregiving defense in the instructions to the jury and that Mentch's appeal had no basis.
The legal and law enforcement community in Mendocino County was still digesting the ruling Tuesday, but comments were sent out from California NORML, the organization dedicated to decriminalizing marijuana growing.
Calling the court's action, "a blow to medical marijuana providers," CalNORML stated, "The Court's ruling effectively limits the caregiver defense to relatives, personal friends and attendants, nurses, etc. In particular, it excludes its use by medical marijuana buyers' clubs,' retail dispensaries and delivery services. The remaining legal defense for medical marijuana providers is to organize as patient cooperatives and collectives, which are legal under SB 420."
"The Mentch decision highlights the inadequacy of California's current medical marijuana supply system," said CalNORML coordinator Dale Gieringer. "The law needs to allow for professional licensed growers, as with other medicinal herbs."
Confusion over who qualified as a caregiver led to what some communities believed was the abuse of the medical marijuana compassionate use law. Marijuana growers, some growing medical marijuana and some simply growing for the commercial market, would display "caregiver" cards, which because of the confusion over the law was often enough to protect them from prosecution or which they successfully used in their defense in court. Cases in Mendocino County - - including one on Walker Road in Willits where several pounds of dried marijuana and hundreds of marijuana plants had to be left alone by deputies because the grower displayed 19 "caregiver" cards - led to a voter backlash in this county called Measure B, which sought to limit medical marijuana growing to the state regulations of six mature or 12 immature plants. Although Measure B passed in June, the state regulations are now up in the air and will also be clarified by the California Supreme Court, which has agreed to review them.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Ukiah Daily Journal, The (CA)
Copyright: 2008 The Ukiah Daily Journal
Contact: Feedback - Ukiah Daily Journal
Website: Home - Ukiah Daily Journal
According to the Court, a caregiver must have a consistent relationship with the medical marijuana patient and one that existed before the use of medical marijuana. It specifically looked at the wording of the medical marijuana law, Prop. 215, which defines a caregiver as the person who has "consistently assumed responsibility for the housing, health, or safety of that person." The Court concluded that simply supplying someone with medical marijuana - or even taking them to the doctor now and then - does not make you a caregiver for the purpose of protecting you from prosecution for cultivating and transporting marijuana.
The California Supreme Court's decision stems from a case in Santa Cruz County in which Roger Mentch was convicted of marijuana cultivation and transportation even though he had two people testify that he provided them with medical marijuana and he testified that the more than 175 marijuana plants growing in his home were solely for either his own medicinal use or medical marijuana sales.
Mentch's defense was based on his contention that he was protected from prosecution by his role as a caregiver for others, defined by him as the person who took responsibility for a medical marijuana patient's health by providing that patient with marijuana.
But he was convicted in trial court. He had the conviction reversed on appeal by arguing that the trial court judge should have instructed the jury that he conceivably had a caregiver defense.
The California Supreme Court, however, decided to take the case in order to define caregiver in the law and since it went on to define caregiver as much more than supplying marijuana, the court concluded that the trial judge had correctly omitted the caregiving defense in the instructions to the jury and that Mentch's appeal had no basis.
The legal and law enforcement community in Mendocino County was still digesting the ruling Tuesday, but comments were sent out from California NORML, the organization dedicated to decriminalizing marijuana growing.
Calling the court's action, "a blow to medical marijuana providers," CalNORML stated, "The Court's ruling effectively limits the caregiver defense to relatives, personal friends and attendants, nurses, etc. In particular, it excludes its use by medical marijuana buyers' clubs,' retail dispensaries and delivery services. The remaining legal defense for medical marijuana providers is to organize as patient cooperatives and collectives, which are legal under SB 420."
"The Mentch decision highlights the inadequacy of California's current medical marijuana supply system," said CalNORML coordinator Dale Gieringer. "The law needs to allow for professional licensed growers, as with other medicinal herbs."
Confusion over who qualified as a caregiver led to what some communities believed was the abuse of the medical marijuana compassionate use law. Marijuana growers, some growing medical marijuana and some simply growing for the commercial market, would display "caregiver" cards, which because of the confusion over the law was often enough to protect them from prosecution or which they successfully used in their defense in court. Cases in Mendocino County - - including one on Walker Road in Willits where several pounds of dried marijuana and hundreds of marijuana plants had to be left alone by deputies because the grower displayed 19 "caregiver" cards - led to a voter backlash in this county called Measure B, which sought to limit medical marijuana growing to the state regulations of six mature or 12 immature plants. Although Measure B passed in June, the state regulations are now up in the air and will also be clarified by the California Supreme Court, which has agreed to review them.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Ukiah Daily Journal, The (CA)
Copyright: 2008 The Ukiah Daily Journal
Contact: Feedback - Ukiah Daily Journal
Website: Home - Ukiah Daily Journal
