Wayman

Robert Victor Wayman was convicted of transporting marijuana that was found in his car during a traffic stop. At trial, he presented evidence he was qualified to use marijuana for medicinal purposes and asserted a defense under the Compassionate Use Act of 1996 (CUA). In instructing on this defense, the trial court told the jury Wayman must be a qualified user under the CUA, and the circumstances of his transportation had to demonstrate he was transporting the marijuana for his own medical use. On the latter point, they were instructed the quantity transported and the method, timing, and distance of the transportation had to be reasonably related to Wayman’s current medical needs. Wayman contends it was error to instruct the jury in this fashion. He asserts the error was prejudicial because, while he showed he was qualified to use marijuana for his own personal medical use, his transportation of the drug in this case was not related to such use. We find the jury was properly instructed on the law respecting the transportation of medical marijuana and affirm the judgment in all respects.

FACTS

In the early morning hours of March 8, 2008, California Highway Patrol Officer…