Medical-marijuana caregivers can be prosecuted as drug dealers if they provide marijuana without having an established relationship with their patient, according to a new California State Supreme Court ruling.

The San Jose Mercury News reported Nov. 25 that the ruling requires primary caregivers to have an established relationship with the patient prior to providing medicinal marijuana; primary caregivers may only provide marijuana to patients, not other medical users or collectives, the court added.

The decision narrowly defines the role of caregiver, but the decision may help, not hurt, cooperatives such as Wo/Men's Alliance for Medical Marijuana (WAMM) in Santa Cruz. "[The decision] defines the role of caregivers and makes it clear," said Valerie Corral, one of the co-founders of WAMM, a group of patients and caregivers who provide medical marijuana and support services to patients. "It's a great way for people to understand our roles as caregivers and how we have to assume something more."

Attorney Ben Rice, however, said the decision will make it harder for legitimate medical-marijuana patients to get the drug. Rice represented Roger Mentch whose conviction on marijuana cultivation and possession charges was upheld by the Supreme Court ruling.