Pubdate: Thu, 08 Feb 2007
Source: San Jose Mercury News (CA)
Copyright: 2007 San Jose Mercury News
Contact:  http://www.mercurynews.com/
Details: http://www.mapinc.org/media/390
Author: Howard Mintz, Mercury News
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

COURT TO REFINE MEDICAL-MARIJUANA LAW

The California Supreme Court agreed Wednesday to consider whether 
being a primary caregiver can be a defense against criminal charges 
of cultivating marijuana under the state's 1996 medical marijuana law.

In a case out of Santa Cruz, the justices voted to review a decision 
in October by the San Jose-based 6th District Court of Appeal, which 
found that a jury should have been allowed to hear the defense in the 
2005 trial of a medical marijuana advocate. The 6th District 
overturned the conviction of Roger Mentch for cultivating marijuana 
and possession of marijuana for sale because a trial judge excluded 
the defense.

The case will be the latest in a string of rulings from the state 
Supreme Court that have defined the boundaries of Proposition 215, 
which legalized the use of marijuana for certain medical conditions. 
Federal law still bans any use or distribution of marijuana.

Mentch ran the Hemporium, a care-giving service and marijuana 
collective in Felton, when his legal troubles began in 2003. The 
issue before the Supreme Court is whether he -- and others in his 
position across the state -- can argue that a primary caregiver who 
supplies marijuana to medical clients should not be prosecuted on 
drug cultivation and possession charges. 
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MAP posted-by: Richard Lake