The People v. Super. Ct. (Cardillo)

The question before us in this writ proceeding is whether a person who does not have a medical license or certificate may be criminally charged with practicing medicine without a license in violation of Business and Professions Code section 2052 for owning a corporation that operates a medical marijuana clinic in which licensed physicians examine the patients and issue medical marijuana recommendations to patients. We conclude that the owner of the corporation may be so charged, and order the respondent trial court to vacate its order dismissing the practicing medicine without a license charge alleged against real parties in interest Sean Cardillo and Andrew Cettei.

BACKGROUND

A preliminary hearing was conducted on a 13-count felony complaint filed by the Los Angeles County District Attorney against Cardillo and Cettei. Because this writ proceeding raises an issue of law as to one of those counts—for practicing medicine without a license in violation of section 2052—our discussion of the evidence presented at the preliminary hearing will be limited to the evidence relevant to that count. That evidence included the following.

In January 2010, medical board investigator…