Monday, November 25, 2008
Roger Mentch, a medical marijuana patient who provided medical marijuana and advice to several other medical marijuana patients was arrested in 2003 for distribution of marijuana. During his trial, he was not allowed to put forth a defense that his actions were protected as a primary caregiver under California’s Compassionate Use Act. Mentch was convicted and given three years of probation.
He later appealed his case, but this Monday the California Supreme Court upheld the trial court’s original ruling in a 7-0 decision. The Court has narrowly defined who is a legitimate caregiver under the Compassionate Use Act, and according to the Court, someone whose caregiving consisted primarily of providing marijuana and counseling on its use is not protected.
As a result of this decision, individuals who assist patients with cultivation and administration of medical marijuana are now more vulnerable to arrest and prosecution under California law. Other states—such as New Mexico—recognize the important role that caregivers play in providing and advising patients regarding medical marijuana and have wisely drafted their laws with broader, more protective caregiver language than California.
(more)
About Me
- freethe420
- THEREIN lies much of the cruelty of marijuana, especially in its attack upon youth. The young, immature brain is a thing of impulses, upon which the “unknown quantity” of the drug acts as an almost overpowering stimulant. No one can predict what may happen after the smoking of the weed. I am reminded of a Los Angeles case in which a boy of seventeen killed a policeman.
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