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Victory! Historic Decision Issued In Medical Marijuana Case

Posted on  October 25, 2012 by  News Admin

  Fourth District Court of Appeal rejects requirement that all collective members must be actively involved in cultivation The Fourth District Court of Appeal for California on Wednesday issued a unanimous published ruling in a landmark medical marijuana case that reverses the conviction of a San Diego dispensary operator, Jovan Jackson, convicted in September 2010 after being denied a defense in state court. Wednesday's historic ruling also reversed the lower court's finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials. "This landmark decision not only recognizes the right of  dispensaries to exist and provide medical marijuana to their patient members, it also grants a defense for those providers in state court," said Joe Elford, chief counsel with Americans for Safe Access (ASA), a medical marijuana advocacy group. Elford also argued Jackson's appeal before the court. "By rejecting the Attorney General's argument that patients who utilize dispensaries must collaborate, or 'come together' in 'some way' to cultivate the marijuana they purchase, the court is establishing a clear standard for dispensaries across the state," Elford said. Specifically, Wednesday's ruling held that in mounting a defense at trial, "Jackson was only required to produce evidence which would create a reasonable doubt as to whether the defense provided by the [Medical Marijuana Program Act] had been established." The court further held that, "the collective or cooperative association required by the act need not include active participation by all members in the cultivation process...