Colvin
People v. Colvin
Opinion
Lead Opinion
Aldrich, J.
INTRODUCTION
While transporting in his car about one pound of marijuana from one medical marijuana establishment to a second, defendant and appellant William Frank Colvin was stopped and arrested. He was charged with, among other things, transporting marijuana. At his court trial, Colvin raised a defense under the Medical Marijuana Program Act (MMPA), which provides a defense to specified classes of people, including “qualified patients,” who “associate ... in order collectively or cooperatively to cultivate marijuana for medical purposes.” (Health & Saf. Code, § 11362.775.) 1 The trial court found that Colvin, although a qualified patient operating a “legitimate dispensary,” was not entitled to the defense because the “transportation had nothing to do with the cultivation process” and was “outside what the law permits.” We conclude that, based on the trial court’s findings, section 11362.775 applied. We reject the Attorney General’s argument that the section applies only to those cooperatives involving “some united action or participation among all” members. The judgment is therefore reversed.