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Bearman v. California Medical Board (Cal. Ct. App. - Aug. 26, 2009)

By Shaun Martin

I like a little sly humor now and then. Check this out by Justice Yegan:

"Here, a law enforcement officer encountered a "medical marijuana patient" who possessed marijuana and paraphernalia. He reasonably believed there might be abuse of the CUA because the doctor's letter, approving/recommending marijuana use, mentioned attention deficit disorder.

A person may come within the meaning of the CUA if he or she is "seriously ill." [Cite] We do not disparage a person suffering from attention deficit disorder. We do not denigrate the symptoms of this syndrome. But, it is difficult to accept the premise that such a person is "seriously ill" within the meaning of the CUA. We would be surprised if the medical literature would support the notion that marijuana use increases a person's attention span or "provides relief" from attention deficit disorder."

I wouldn't have put the comma after "But" in the penultimate sentence. I nonetheless loved the last line. True that.

Full post as published by California Appellate Report on September 10, 2009 (boomark / email).