Once an approval is shown, the burden shifts to the prosecutor to prove that any cannabis so cultivated or possessed is beyond the scope of Proposition 215.
[A] defendant moving to set aside an indictment or information prior to trial based on his or her status as a qualified patient or primary caregiver may proceed under Penal Code section 995. ... [I]n the absence of reasonable or probable cause to believe that a defendant is guilty of possession or cultivation of marijuana, in view of his or her status as a qualified patient or primary caregiver, the grand jury or the magistrate should not indict or commit the defendant in the first place, but instead should bring the prosecution to an end at that point. ... [I]n light of its language and purpose, section 11362.5(d) must be interpreted to allow a defense at trial. ... As a result of the enactment of section 11362.5(d), the possession and cultivation of marijuana is no more criminal — so long as its conditions are satisfied — than the possession and acquisition of any prescription drug with a physician's prescription. ... the provision renders possession and cultivation of marijuana noncriminal under the conditions specified.
— CA Supreme Court, People v. Mower (2002) 28Cal.4th 457.
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