California Supreme Court Rejects Calls From Law Enforcement To Review Dispensary Case
The Court of Appeal also held in People v. Colvin that, “collectives and cooperatives may cultivate and transport marijuana in aggregate amounts tied to its membership numbers.” In addition, the Colvin decision affirmed that possession of extracted or concentrated forms of medical marijuana was legal under state law.
“The decision not to review People v. Colvin should now put to rest this unfounded notion that patients must ’till the soil’ or somehow participate in the production of the medicine they purchase at a dispensary,” said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country’s leading medical marijuana advocacy organization. “This landmark case also affirms the right of patients to purchase extracted or concentrated forms of medical marijuana and the right to transport medication from an off-site cultivate site.”
“The Colvin decision has far-reaching, positive implications for medical marijuana patients and providers,” continued Elford. ASA is currently appealing the conviction of Jovan Jackson, a San Diego dispensary operator who was tried in September 2010 and denied a medical marijuana defense. “The Colvin decision is bad news for the Attorney General, who was relying on the same argument in the Jackson case.” There are also other trial court cases that will invariably be affected by the Supreme Court’s decision not to review the Colvin case.