CA Appeals Court Urziceanu Decision

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The People v Urziceanu case established that patient collectives can, in certain circumstances, distribute cannabis for cash. The state Supreme Court is now considering similar issues in People v. Mentch.

[T]he Legislature also exempted those qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes from criminal sanctions for possession for sale, transportation or furnishing marijuana, maintaining a location for unlawfully selling, giving away, or using controlled substances, managing a location for the storage, distribution of any controlled substance for sale, and the laws declaring the use of property for these purposes a nuisance. This new law represents a dramatic change in the prohibitions on the use, distribution, and cultivation of marijuana for persons who are qualified patients or primary caregivers and fits the defense defendant attempted to present at trial. Its specific itemization of the marijuana sales law indicates it contemplates the formation and operation of medicinal marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana.

— CA Court of Appeals, People v. Urziceanu (2005) 132 Cal.App.4th

Patient, caregiver, and cardholder

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