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.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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medical pot.

I 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.

Grow Your Own

I 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

I 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 [email protected] Thank you!

Transport of medical marijuana? :))

reply 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???

I 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

The 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!

Lol

Grow a pair and do things right and upscale 15x the numbers minimum and get a recommendation it's called 420 insurance and make the risk with it . I've been threw a few of these charges and as we speak get a lawyer and get case dropped

can i get a medical marijuwana at age 17

i 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.

Parent consent and the sign

Parent consent and the sign papers yes u can

sshhhh!

sshhhh!

i live in california and i

i live in california and i was wondering if theres any law prohibiting me to get a mmj card because im on probation and if so is there any way a certified dr can approve me to obtain one anyways?

How much can i carry.

I have my card and have found a new source to get mypot. My source is in San Francisco and im in San diego. Would i legally be able to drive up there pick up a lb and drive it back down to San Diego or is the limit a Half lb?

Busted by Border Patrol

BAD BUST !

I was arrested last night at the San Diego county Border Patrol Checkpoint on Interstate 8 westbound checkpoint.

Myself and my wife are in our 60s and were traveling home after picking up a total of 185 grams of untrimmed medicine flowers from our farmer when we came upon US BORDER PATROL CHECKPOINT on I8 between El Centro and San Diego.

Border Patrol officer waved me over for detailed inspection of my family car, which I never consented to search of, though we were ordered to get out of the car.

Car was searched, Border Patrol agents found 185 grams of untrimmed flowers in mason jars and subsequently I was arrested.

My wife and I both had our California Medical Marijuana Recommendation on us but Border Patrol said as we were on FEDERAL land that state laws don't apply.  I asked agent where Federal Jurisdiction started and he said it started at the orange cones on the freeway signaling the checkpoint.  I had been driving on STATE property until freeway was shutdown for mandatory checkpoint, at which point it became Federal property according to Border Patrol.  This is insane, I am legal except for a 100 yard stretch of freeway?  What is someone supposed to do to avoid this?  Medicine was in trunk, everything appeared 100% legal.

I am a 100% Service Connected Disabled Veteran who 11 months ago stopped over 30 years of VA prescribed morphine for injuries from wartime service to America.  I stopped opiates on my own with help of high CBD strains of flowers vaporized.  VA has a copy of my license on file in San Diego and though it is Federal Facility I do not have any trouble.

Now my medicine for the next several months is gone, my wife's medicine is gone and we will be without.  Due  to my injuries I cannot function without medicine, so I likely will be forced to let the VA put me back on morphine again, just like they want to.

This is an absolutely horrible situation I am in, not for legal reasons, they confiscated our medicine, arrested me, finger printed me, took my mugshot then gave me my empty mason jars back and told me they were not pressing Federal charges,  I was free to go but without my legal medicine.

No Miranda Rights read, no search consent, no logical crime committed, just moving my medicine from grow to home.  Now looking at Federal Government issued high dose morphine as my "LEGAL" alternative medicine again.  VA gives me all the opiates I want, but I cannot afford to replace this confiscated medicine. 

What a horrible situation.  I would like to challenge this wrongful arrest and I want my legal medicine back.

Any chance?

 

 

 

 

 

 

 

 

 

 

i

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