Cal Supreme Court Rules Prop 215 Caregivers Must Do More Than Just Supply Marijuana
Cal NORML Release – Nov. 24, 2008
In a blow to medical marijuana providers, the California Supreme Court ruled that defendants are not entitled to a defense as Prop. 215 caregivers if their primary role is only to supply marijuana to patients. The court unanimously overruled an appellate court decision in the case People v. Roger Mentch, writing:
” We hold that a defendant whose caregiving consisted principally of supplying marijuana and instructing on its use, and who otherwise only sporadically took some patients to medical appointments, cannot qualify as a primary caregiver under the Act and was not entitled to an instruction on the primary caregiver affirmative defense.…
Sacramento, September 30, 2008 – Governor Schwarzenegger vetoed Assemblyman Mark Leno’s bill to protect workers’ right to use medical marijuana.