April 6, 2015

As a medical marijuana patient you are not completely protected but enjoy only a “limited protection.” The Court has said that prosecution of a necessity for medical marijuana is the same as a prosecution for any other drug and, upon producing proof of the prescription, a prosecution must cease. This is particularly true when it comes to a patient in possession of his/her personal amount of medical marijuana. In the case of People v. Mower, it was held that CUA creates a “limited immunity” rather than an affirmative defense. As a result, the burden is on the defendant merely to raise a reasonable doubt. The people must then prove beyond a reasonable doubt that the possession, use, etc. was not medical. ”As a result of the enactment of section 11362.5(d), the possession and cultivation of marijuana are no more criminal – so long as its conditions are satisfied – than the possession and acquisition of any prescription drug with a physician’s prescription.”

Disclaimer: This article has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice.