Calif. Court to Consider Medical-Marijuana Defense February 9, 2007
News Summary
The question of whether being a primary medical-marijuana caregiver can shield individuals from prosecution under drug laws will be decided by the California Supreme Court, the San Jose Mercury News reported Feb. 8.
The high court has agreed to review a decision by the 6th District Court of Appeal, which ruled that a defendant in a marijuana case should have been allowed to present the primary-caregiver defense to a jury. The appeals court then overturned the conviction of Roger Mentch on marijuana cultivation and possession charges. Mentch ran a marijuana collective and caregiver program.
The case is seen as part of an ongoing attempt by the California Supreme Court to better define the rules of the state's Proposition 215 medical-marijuana law.
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