California Supreme Court Unanimously Limits Medical Marijuana Defense

[grace]

California Supreme Court Unanimously Limits Medical Marijuana Defense

25 November 2008

Drug Policy News

http://www.drugpolicy.org/news/112508mentch.cfm

 

Roger Mentch, a medical marijuana patient who provided medical marijuana and advice to several other medical marijuana patients was arrested in 2003 for distribution of marijuana. During his trial, he was not allowed to put forth a defense that his actions were protected as a primary caregiver under California’s Compassionate Use Act. Mentch was convicted and given three years of probation.

 

He later appealed his case, but this Monday the California Supreme Court upheld the trial court’s original ruling in a 7-0 decision. The Court has narrowly defined who is a legitimate caregiver under the Compassionate Use Act, and according to the Court, someone whose caregiving consisted primarily of providing marijuana and counseling on its use is not protected.

 

As a result of this decision, individuals who assist patients with cultivation and administration of medical marijuana are now more vulnerable to arrest and prosecution under California law. Other states—such as New Mexico—recognize the important role that caregivers play in providing and advising patients regarding medical marijuana and have wisely drafted their laws with broader, more protective caregiver language than California.

 

“One of the chief shortcomings of the Court’s reasoning,” commented Daniel Abrahamson, Drug Policy Alliance Director of Legal Affairs, “is to de-couple the acts of providing patients with appropriate types of marijuana for their illness and advising a patient on how best to ingest their medicine from the statutorily required act of assuming responsibility ‘for the ... health or safety of’ the qualified patient.”

 

The Court failed to recognize that the vast majority of ill Californians in need of medical marijuana are too sick and do not have the skill, expertise, or safe space to cultivate their own medicine. Neither do their spouses, partners, children, hospice nurses or others caring for their “core survival needs” -- the examples given by the Court of those who fit the criteria of appropriate primary caregivers. Other patients may need medical marijuana, but be well enough to care for their own “core survival needs” and to live independently. Under the Court’s reasoning, these patients are no longer entitled to a primary caregiver under the Compassionate Use Act.

 

DPA filed an amicus curiae brief earlier this year on behalf of leading doctors, professors and researchers informing the Court that restricting who can qualify as a caregiver “would likely harm the health and well-being of medical marijuana patients by deterring knowledgeable and skilled caregivers from providing patients with appropriate types and amounts of medical grade marijuana, and considered advice on how best to use the medicine.”

 

Now that the Court has limited the definition of caregiver in California, patients will be forced to use medical marijuana cooperatives and collectives to supply them with quality medical marijuana and to provide information on its administration and use. It is now more important than ever that the State support and protect cooperatives and collectives to the fullest extent possible.

[Gnobong]

Don't they allow citizen initiated referendums over there? Screw the supreme court