Law Practice
Nov. 26, 2008
Justices Gut Primary Caregiver Marijuana Defense
“The possession or cultivation of marijuana for medical purposes cannot serve as the basis for making lawful the possession or cultivation of marijuana for medical purposes,” Justice Kathryn Mickle Werdegar wrote in a decision that largely limited a primary caregiver defense in medical marijuana cases.
Daily Journal Staff Writer The state Supreme Court sent a strong message to marijuana growers Monday: Don't expect the primary caregiver defense to get you off the hook in a criminal prosecution. A unanimous court strictly limited the defense, which was part of the 1996 state voter initiative that legalized medical marijuana, saying it can only be used by close relatives or hospice workers whose main focus is caring for the patient...
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