California Supreme Court Deems Legality of Storefront Medical Marijuana Dispensaries “Final”
January 18th, 2013Posted by Joe Elford
“The matter is now final,” according to the California Supreme Court. On Wednesday, the California Supreme Court denied requests from the League of California Cities, the San Diego District Attorney’s Office, the Sacramento District Attorney’s Office, the Sonoma District Attorney’s Office, the Los Angeles District Attorney’s Office and the Los Angeles City Attorney to depublish or review the published decision in People v. Jackson.
After years of struggling over the issue, the Court of Appeal held that storefront dispensaries are legal under California law, so long as they operate on a not for profit basis and adhere to certain corporate forms. This decision establishes that storefront dispensaries are unquestionably legal under California law and that localities cannot continue to rely on their now-discredited view that all sales of medical marijuana are illegal in order to support their ongoing attacks on medical marijuana dispensaries.
Another important impact of the appellate court ruling is providing medical marijuana providers with a clear defense to state criminal charges. Specifically, the 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:
[T]he collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization. Thus, contrary to the trial court’s ruling, the large membership of Jackson’s collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense.
January 19th, 2013 at 12:21 pm
So will this result in any convictions being overturned? I mean other than Jackson?
January 21st, 2013 at 6:34 am
I never accessed this web site before. Thank you for all you are doing. Unbeknownest to my self I’ve been an ocassional illegal medical marijuana smoker for decades. It has helped me maintain a balance of conscience and consciousness in being this world, especially working as a social worker. I don’t see Florida on your list of states. I know I’m in delecate territory here, but when I lived in Gainesville for 23 years we used to have hempfests, They were joyous celebrations. Thanks again for all you are doing. Send me info about what is happening in Fl. regarding the law on medical maarijuana, I probably know: Don’t get caught, In peace, Sh’mal
January 21st, 2013 at 6:38 am
Well, I just googled medical marijuana in Florida and read where there has been movement in that direction, as a way along the way senior I may have to put my voice to this issue. It’s been to long. Peace, Sh’mal
January 25th, 2013 at 1:59 pm
@BobSh’malEllenberg
Thank you Bob, it taking people like you to stand up against the status quo. Please speak often and loudly, a senior’s voice is strong to a politician – and on a jury!