Court Expands Protections for Med Marijuana Users

Court Expands Protections for Med Marijuana Users
Posted by CN Staff on November 27, 2006 at 19:26:16 PT
By Maura Dolan, Times Staff Writer
Source: Los Angeles Times
San Francisco -- People charged with transporting marijuana may avoid conviction if they can show that the drug was for their personal medical use, the California Supreme Court ruled Monday.In a 6-1 decision, the state high court said California's medical marijuana law protects patients who transport even relatively large quantities of the drug if they can show that the amount was consistent with their medical needs and recommended by a licensed physician.
The court interpreted a 2004 law passed by the Legislature to address uncertainties that followed voter passage of the Compassionate Use Act of 1996. The attorney general's office said the ruling would affect a handful of cases.Monday's decision "expands the defenses that can be used for medical marijuana," including transportation and possession for sale, said Maureen J. Shanahan, who represented the defendant in the case.Nathan Barankin, a spokesman for Atty. Gen. Bill Lockyer, said prosecutors had hoped the court would make it more difficult for marijuana sellers to use a medical defense but said the court's clarification of the law was helpful.The court reached its decision in the case of Shaun Eric Wright, who was arrested in Huntington Beach in 2001 while carrying more than a pound of marijuana in his truck. The stash included several small baggies, two large bags and an electronic scale.Wright was charged with possessing marijuana for sale and with transporting it.Wright had asked that jurors be instructed that he did not commit a crime if they determined the marijuana was recommended by a doctor. A physician testified that he had recommended Wright use marijuana to alleviate pain, abdominal problems and emotional stress. Snipped:Complete Article: Los Angeles Times (CA)Author:  Maura Dolan, Times Staff WriterPublished: November 27, 2006 Copyright: 2006 Los Angeles TimesContact: letters latimes.comWebsite: Medical Marijuana Archives 
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Comment #3 posted by goneposthole on November 28, 2006 at 08:32:01 PT
off topic, but on topic too
The US gov maybe broke and broken, but the trust that exists for the American people is there.There is supposedly a trust in existence for the American populace that is valued at 27.5 trillion dollars.
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Comment #2 posted by doc james on November 28, 2006 at 05:41:17 PT
transporting medicine
Duh! How can one use this medicine without being able to take it with them. Of course the courts could have ruled against this. It is a glimmer of hope for the rights of legit patients. Think its time for me to go west!
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Comment #1 posted by FoM on November 27, 2006 at 19:27:18 PT
Things I Love
Like good news! 
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