Chakos

I. INTRODUCTION

California’s Compassionate Use Act of 1996 (Health & Saf. Code, § 11362.5) allows a qualified patient to lawfully possess eight ounces of marijuana for a medical condition, and possibly more if a doctor makes a formal recommendation that eight ounces is insufficient for the patient’s needs. Christopher James Chakos had a formal certificate from his doctor for lawful marijuana consumption under the Compassionate Use Act, with a recommended dosage of about “one quarter to one half ounce per week.”

Chakos was found to have a total of six ounces of marijuana in his possession, which is two ounces less than the amount he was entitled to have under the Compassionate Use Act. Chakos was prosecuted and subsequently convicted for possessing his marijuana for sale based on the opinion testimony of the arresting officer, even though that officer had only the most tenuous knowledge of the patterns of lawful possession of marijuana under state law.

In People v. Hunt (1971) 4 Cal.3d 231 [ 93 Cal.Rptr. 197 , 481 P.2d 205 ] (Hunt) our Supreme Court was faced with similar circumstances, albeit involving a defendant who had a prescription to lawfully possess methedrine…