People v. Mentch

People v. Mentch, No. S148204 (24 Nov 2008)
Convictions for cultivation and possession of marijuana for sale are reversed where:

1) a defendant whose caregiving consisted principally of supplying marijuana and instructing on its use, and who otherwise only sporadically took some patients to medical appointments, could not qualify as a primary caregiver under the Compassionate Use Act of 1996 and was not entitled to an instruction on the primary caregiver affirmative defense; and

2) nothing in the Legislature’s subsequent 2003 Medical Marijuana Program altered this conclusion or offered any additional defense on the record.