Medical Marijuana: California Supreme Court Rules Patients Can Transport It
The California Supreme Court ruled Monday that the state's medical marijuana laws allow people to transport the drug as long as they can show it was for their personal medical use. The court said that the law protects even patients carrying large amounts of weed as long as they can show it is consistent with their medical needs.
The 6-1 decision disappointed prosecutors, said a spokesman for California Attorney General Bill Lockyer. Nathan Barankin told the Los Angeles Times prosecutors had hoped the court would make it easier to prosecute marijuana sellers using a medical marijuana defense. Still, Barankin added, the court's clarification was helpful.
The decision "expands the defenses that can be used for medical marijuana," attorney Maureen J. Shanahan told the Times. She represented Shaun Wright, the defendant in the case.
Wright was arrested in Huntington Beach in 2001 and charged with possession of marijuana for sale and transporting it after police found more than a pound of weed, a scale, and several baggies in his truck. During trial Wright's physician testified he had recommended Wright use marijuana for pain, abdominal problems, and stress. The physician also testified that Wright preferred to eat his medicine and thus required more than patients who smoked it. The doctor said Wright needed a pound of pot every two or three months.
Wright asked that jurors be instructed that he did not commit a crime if it was determined he was a legitimate patient, but the trial judge ruled Wright was not protected by the state's medical marijuana laws because of the large quantity and the fact he was transporting it. Wright was convicted on both counts, but an appeals court overturned the conviction, saying jurors should have been given the medical marijuana instruction.
While the state Supreme Court agreed that Wright should have been able to present a medical marijuana defense, it refused to overturn his conviction, saying the jury "found beyond a reasonable doubt that he possessed the drug with the specific intent to sell it."
The lesson for Golden State pot patients: Leave your scales at home.
digg
redditThe People ~v~ Shaun Eric Wright
Comment posted by Anonymous on Thu, 04/24/2008 - 6:51pmDon't worry. It was presented, as fair as could be expected.
Unfortunately, I am personally acquainted with the infamous
Shaun Eric Wright. As they say . . . people that are arrested,
are usually arrested for a very good reason. If you have read
any of the online articles, personal interviews (The Register
Newspaper in Orange County by T Moore) or court transcripts
pertaining to the case, The People ~v~ Shaun Eric Wright he
had several baggies of weed which were pre-sorted, plus a
pound, plus scales, etc., plus a couple fat ones already
rolled - in his front shirt pocket, plus, plus, plus, when he was
already "under the influence". Though, according to Shaun he
doesn't get "high".
He was charged with "Transportation" and "Intent to Sell".
Then the defense started "drilling" the issue over if Shaun was
"high" or not at the time of the arrest. "Wonder Woman's"
elementary defense was based on the fact that Shaun was
not given a "Breathalyzer Test" as would be done routinely for
anyone possibly under the influence of alcohol. (Pleezzzee)
And she got paid for her services??
My family and I have already had too many first hand
encounters with Shaun Eric Wright. He has to be one of the
most under-handed, extremely transparent and dishonest
individuals that we have ever encountered. I have personally
found him to be "spiritually bankrupt" possessing a tainted
conscience and a sinister-type mind, even when standing
right in front of the police. It's truly amazing just how far he is
willing to go, just to pull off a scam. By the way, there is no
slander when the story is true!
Oh, and just for the record . . . I could care less who smokes
weed, I just really hate liars and I'm sooo tired of seeing
Shaun's name being idolized like he's some kind of "hero".
He gives the true Medicinal Marajuana folks a bad name.
your blogs
Comment posted by shaun wright on Tue, 06/23/2009 - 3:09pmWHY DO YOU HATE ME SO MUCH AND DO I KNOW YOU HATER ?
Grow Your Own
Comment posted by Anonymous on Thu, 01/24/2008 - 5:28pmI think that people who need it, should get it. If they are a cancer patient that can get something instead of going to the pill makers, then they should go the natural way.
If I had cancer and needed it, I would get it even though it was not legal to do so. Only those in pain, understand what it is like to be in hell.
Tax it and make some money off it, instead of eating into the Economy it just might be the answer we need to make the planet more green!
Some of our forefathers cultivated pot – even George Washington himself!
Start a revolution for our freedom!
Transporting Medical Marijuana Via Airlines
Comment posted by Anonymous on Fri, 05/09/2008 - 3:57amI currently live in Hawaii and possess a medical marijuana license. I've been told by my doctor's here that I need to leave the islands because of danger to my health due to chemical sensitivity to the volcanic gases. I plan on relocating to Florida and as far as I could find, they do not allow the use of Medical Marijuana. My questions are: If I have medical marijuana license in a legal state and if I am visiting a state that does not allow it, can I get arrested? Also, does the law prohibit me from transporting my medical marijuana via airlines? I need answers soon as I am due to leave at the end of the month. Please someone advise me if possible! Aloha! If you cannot answer me on this board you can email me at lilycoy@yahoo.com Thank you!
Transport of medical marijuana? :))
Comment posted by Anonymous on Sat, 08/16/2008 - 10:17pmreply to previous question ...
IT SOUNDS SO FUNNY to have a license on medical marijuana ... I think this will need time for the rest of the world to share those rules and laws ... but I think there is no country which gives such kind of licenses yet... Smoking and selling weed is not legall in most of them ... i don't think that authorities might give these licenses to "weed producers" to make the process of selling easier for all of those smugglers ... no body will allow that it's funny :))...
license also gives you the right to sell and distribute that grass , so i think no body will allow that also...
for e.x.
no one living or turists in amsterdam have right to take any drug beyond the city and even within the city it's still illegal to sell all that shit even if it's very medically strong and can save somebodys life ...
So in your case you will be punished for sure if they catch you ...
Transporting Medical Marijuana???
Comment posted by Anonymous on Thu, 11/06/2008 - 10:49amI was recently arrested in Sonoma County Ca., for driving 5 Lbs. of Medical Marijuana to my freinds house. I am her " Caregiver", and was bringing her the yeild from her garden which I grew in my back yard, because she was not able to grow for herself, for many reasons. I will not go into them here, becasue they are not important. My issue is, I thought thatI had been obeying the Local guidelines for "caregiving" for her. I am the person who is designated by her and “has consistently assumed responsibility for the housing, health, or
safety” of the her. (§ 11362.5(e).) Anyway I was outside the guidelines , Specifically, ( 5 Lbs. in my possession) and the maximum is 3 Lbs. / year. A pretty big detail, though i had intended to provide the extra 2 Lbs. to her as a bonus for the year..Really it was just the growing season and the plants did well. Still I was outside the guidelines and I understand that. I Had my written Prescription, Though I did not have her Prescription on my person when I was pulled over. The Officer arrested me, took me to jail and confiscated the 5 Lbs. ( her Medecine for the whole year)!!!!!! The last part of that being the biggest deal, not to mention the $ to bail out of jail. Anyway I am being charged with Possession with intent to sell, 11359 HS, Cultivation of Marijuana, 11358 HS, & Transportation of Marijuana, 11360(a) HS!!! So because I brought her the total 5 instead of 3 Lbs. I am being charged with 3 Felony Counts... Anyway , What do you guys think??? With a good Lawer and all the documents , will the judge through out the transportation? and Culitvation and Possession with intent to sell, Even when after the officer asked me if I was gonna sell them I explained that I was not recieving any $ compensation for the Medecine. And at a later date we , my freind and I would discuss $ Compensation for the work and expenses.. But I was very clear in explaining that I would not be recieving any $ for the 5 Lbs. Please give me some ideas if you think they will push this or fold if I stand up for myself...
Im facing the same charges in Long Beach, CA
Comment posted by Anonymous on Mon, 11/24/2008 - 3:51pmThe police kicked down my door because they said some kid was transporting Marijuana for me. I was only growing 2 plants...one you could see if you looked over my gate. Anyway police come in 2 dyas after I chopped them down and I was arrested. They took 24 quart size mason jars and 4 guns from my house all registered to me. 12 of the jars were in my car that they found because I was taking them to my co-op to see if I could donate to them. Anyway I was charged with cultivation and transportation of marijuana. They claim it was 2lbs of marijuana which I seriously doubt. I dont own any scales or baggies at all. It was all going to be smoked or cooked or made into concentrates. My public Defender 1st question was why so much weed. It seems to be a clear indication that I need to get a lawyer as he told me that those laws are very conflictting and that he is not clear on them. I have no record at all....are they going to put me in jail? Do I need to scrape up 10k to pay a lawyer or am I going to jai regardless? This is so stressful and I have no idea what to do? HELP!
can i get a medical marijuwana at age 17
Comment posted by Anonymous on Mon, 12/08/2008 - 7:21pmi have a bad cace of Insomnia and cant go to sleep for hours some nites. my mom knows i smoke pot on daily basis and she wants me to get a card so its not ilegal. a couple of my friends have cards but they are all over 18. my doctor will give me a note to prove my insomnia but will that get me a card.
medical pot.
Comment posted by Anonymous on Wed, 11/21/2007 - 11:57pmI just wonder how it was presented. It would only make sense that someone using medical marijuana would carry a scale around with them. Otherwise they might get ripped off or smoke more than intended. That's just common sense.