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Possession of Medical Marijuana is Limited to the Patient's Current Medical Needs

By Walin & Klarich

Why Having an Experienced Drug Offense Attorney Can Mean the Difference Between Jail and Freedom A recent California Court of Appeals decision, People v. Archer, held that, in medical marijuana possession cases, the jury must be informed that the patient has a right to possess an amount that is reasonably related to the patient?s current medical needs. The California Legislature recently enacted Health and Safety Code section 11362.77 of Medical Marijuana Program Act (MMPA), which provides that the ?legal limit? for possessing medical marijuana was eight ounces. However, before the legislatures enacted section 11362.77, the only relevant section as to how much marijuana a medical marijuana patient could possess (or cultivate) was section 11362...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 04, 2010 (boomark / email).