CA Supreme Court Rules in Favor of Cannabis Collectives
May 23rd, 2012Posted by Joe Elford
In a major victory for patients and medical cannabis cooperatives, today the California Supreme Court rejected calls from the California Attorney General and law enforcement to review the Appeals Court ruling in People v. Colvin (PDF). At issue in this case was Attorney General Kamala Harris’s interpretation of the Medical Marijuana Program Act to require an undefined percentage of the membership of a medical marijuana collective to actively participate in some way in the operation of the collective. The court’s ruling today means that medical cannabis collectives in California may operate like any other collective, such as REI or Costco, in which a member of the collective participates solely through purchasing products distributed by the collective.
At ASA, we were of course very concerned with the Attorney General’s argument that patients had to participate actively in the operations of a medicinal cannabis collective, because many patients are not physically able to do so (among other objections). Harris’s interpretation of the law was invented from whole cloth, and the Second Appellate district recognized it as such. That Court of Appeal in its ruling that was upheld today, stated that the Medical Marijuana Program Act imposes no such restriction on medical marijuana collectives.
The California Supreme Court’s rejection of efforts by the CA Attorney General and law enforcement to review the Colvin case effectively puts an end to this issue and makes clear that medical marijuana collectives should be treated the same as others under the law. This is a big victory for patients and our movement.
Joe Elford is the Chief Counsel for Americans for Safe Access.
May 31st, 2012 at 2:10 am
This isn’t a response. I live in Santee Ca and was going through some government sites to write to my county supervisor. I was amazed at the number of vacant positions and the scope they encompassed. The positions are aren’t paid but if we could get some people in key places, we might get more clout. In San Diego, the Board of Supervisors has a budget twice the size of the city and makes decisions affecting health and safety. I’d go for it, but we are trying to stop a natural gas power plant from going up near the entrance to Mission Trails Regional Park. Thet want 11 100 foot high towers spitting out toxic chemicals and 90 foot electric lines. Doesn’t seem right to go from open space to heavy industrial in one fell swoop. Anyway check out your local Board of Supervisors to see if anything grabs ya