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Tuesday, November 25, 2008

California Supreme Court decides who can provide medical marijuana

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The issue of who can be a medical marijuana caregiver was decided November
24 in California.  In an unanimous ruling, the state's highest court found
that defendants cannot be a legitimate caregiver if their primary role is
only to supply marijuana.  The decision overturns an appeals court ruling in
the case People vs. Roger Mentch.  In it, the Supreme Court finds that a
defendant asserting primary caregiver status must prove that they
consistently provided caregiving independent of any assistance in taking
medical marijuana at or before the time they assumed responsibility with
medical marijuana.  California NORML called the Supreme Court decision a
blow to medical marijuana providers.  Neal Sanders has been a criminal
defense attorney in Humboldt County for almost 30 years.  He says the
court's ruling is a departure from their previous decisions on medical
marijuana.

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