A person supplying marijuana to a patient that has approval
to use it can be prosecuted for dealing drugs, according to California Supreme
Court rule on Monday. The decision further narrows the options for medical
marijuana users. In January, the court ruled employers could fire medical
marijuana users who tested positive for the drug.
The case comes from the 2003 arrest of a Santa Cruz County
man. Sheriff’s deputies arrested Roger Mentch, 53, after they found hundreds of
marijuana plants in his home. Mentch told them that he was a medical marijuana
patient and gave or sold some of his plants to other patients. He was charged with
cultivation and possession and sentenced to three years probation, a decision he
appealed on several points, including that jurors were not properly instructed
about medical marijuana caregivers.
In 1996, California
voters approved Proposition 215, giving ill people the right to use marijuana
legally as long as they have a prescription from a doctor, but the law did not
outline how medicinal marijuana could be distributed.
“Ideally, it (the ruling) won't have a tremendous effect. Patients will now
increasingly get their medication through collectives and cooperatives,” said
Joseph Elford, a lawyer for Americans for Safe Access, a pro-medical marijuana
group.
Santa Cruz
attorney Ben Rice, who is representing Mentch said the court ruling is
unfortunate because it makes it harder for medicinal marijuana patients who
have a valid medical recommendation to obtain pot.
“There's no direction in the law, no explanation as to how people are
supposed to get their medicine if they can't grow it themselves. It's an
unworkable situation,” Rice said.
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