Hochanadel

In this case we are presented with two questions regarding the legality of storefront dispensaries that provide medical marijuana pursuant to the Compassionate Use Act of 1996 (CUA; Health & Saf. Code, § 11362.5), approved by voters in 1996 under Proposition 215, and its implementing legislation, the Medical Marijuana Program Act (MMPA).

First, did the MMPA unconstitutionally amend the CUA when it authorized “cooperatives” and “collectives” to cultivate and distribute medical marijuana?

Second, did the court err in quashing a search warrant for a storefront medical marijuana dispensary called CannaHelp located in the City of Palm Desert, California, and dismissing the criminal charges against defendants Stacy Robert Hochanadel, James Thomas Campbell and John Reynold Bednar (collectively, defendants), who operated CannaHelp, based on its findings that (1) CannaHelp was a legal “primary caregiver” under the CUA and MMPA; and (2) the detective who authored the search warrant affidavit was not qualified to opine as to the legality of CannaHelp?

We conclude the MMPA’s authorization of cooperatives and collectives did not amend the CUA, but rather was a distinct statutory…