Full Circle Cannabis Consultations’ Court Case Analysis of People v. Rigo (1999 – First Appellate District) by Jason Browne
“Regardless of whether we can conceive of exigent circumstances under which a contemporaneous or subsequent approval might allow application of the compassionate use defense, those circumstances do not exist in this case.” “The defendant in this case was arrested a day before the effective date of the C.U.A., yet waited over three months to seek a physician’s approval”.
Read the entire court opinion here.
Analysis for Attorneys
This ruling does not mention whether or not the defendant was in custody for some or all of the interceding three months. It would seem that if a person was arrested prior to obtaining the first recommendation or approval to use cannabis, the medical authorization cannot be used retroactively…unless a reasonable effort is made to show why such authorization was not obtained prior to arrest. Also, People vs.Trippet shows us that having a physician’s tacit approval to use cannabis prior to actually obtaining an official approval could be a sufficient showing of an affirmative defense, in that having such a prior understanding with a physician was even enough to apply the statute retroactively, before it had been implemented.
Posted in Court Cases
Tagged C.U.A., Cannabis, Court Services, CUA, Expert Witness, FCCC, Full Circle, Full Circle Cannabis Consultations, Jason Browne, Lawyer, Marijuana, Medical, Medical Marijuana, Patients, People v. Rigo, Proposition 215, qualified individuals, Rights, The Compassionate Use Act
Full Circle Cannabis Consultations’ Court Case Analysis of Lungren v. Peron (1997 – First Appellate District) by Jason Browne
“A primary caregiver who consistently grows and supplies physician-approved (cannabis) for a section 11362.5 patient is serving a health need of the patient and may seek reimbursement for such services.” “There is no prohibition against designating as a primary caregiver an individual who also serves in that capacity for others provided (that) the caregiver… consistently provides for the housing (or) health or safety of the designating patient(s).” The court also held that the C.U.A. does not provide a defense for selling (cannabis) or possessing it for sale. Additionally, the court held that a primary caregiver must be an individual (i.e. real person) and cannot be a “buyers club that is open to the public.”
Read entire court opinion here.
Posted in Court Cases
Tagged Associations, Buyers Clubs, Cannabis, Collective, CUA, Decriminalization, Expert Witness, Full Circle, Full Circle Cannabis Consultations, Jason Browne, Legalization, Lungren, Lungren v. Peron, Marijuana, Medical, Medical Marijuana, Patients, Peron, Primary Caregiver, Proposition 215, qualified individuals, Rights
Full Circle Cannabis Consultations’ Court Case Analysis of People v. Trippet (1997 – First Appellate District) by Jason Browne
The Compassionate Use Act applies retroactively to qualified (individuals) who were in the process of being criminally charged before the statute was put into effect. The transportation of cannabis is implied under the C.U.A. in the form of an affirmative defense to transportation charges “where the quantity transported and the method, timing and distance of the transportation are reasonably related to the patients’ current medical needs.” The court found that the physician’s opinion regarding frequency and dosage were sufficient to establish such amounts. The court also found that qualified (individuals) can not possess “unlimited quantities” of cannabis.
Read entire court opinion here.
Posted in Court Cases
Tagged Cannabis, Court Analysis, Court Cases, Court Services, CUA, Decriminalization, Expert Witness, FCCC, First Appellate District, Full Circle, Full Circle Cannabis Consultations, Jason Browne, Legalization, Marijuana, Medical Marijuana, Patients, People v. Trippet, Proposition 215, Rights, Statute, The Compassionate Use Act, Trippet
7 p.m. Wednesday, 11/19/14
North River Chapter
2643 Henderson Rd., Redding, CA 96002
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North River Chapter serves the Siskiyou, Shasta and Tehama county areas. Our primary focus in Shasta County will be instigating legal challenges against Measure A, as well as drafting ballot measures for the 2015 election cycle that will allow voters to reign in local governments by mandating uniform compliance with California laws.
Our unique membership categories, dues structure and fundraising options make California Liberty Alliance the ultimate umbrella organization. Our tent includes all lawful consumers, producers and providers of cannabis, as well as every business, organization and individual that supports a well-regulated and legal cannabis industry. We’re a 501-C-4 with local chapters developing throughout California, and have partnered with a Political Action Committee, in order to provide a comprehensive strategy to democratize and legalize the cannabis industry, through the advancement of community and industry educational forums, professional consultations, targeted litigations and political activities at the state and local levels.
Please visit our North River Chapter, at any of our regularly scheduled Open House meetings and consider joining our growing membership. Visit caliberty.org and consider starting or joining a Local Chapter anywhere in California. Lend your voice to our efforts, and influence the course of our activities through direct participation in our Subcommittees. Pool your resources through our combined membership dues and statewide fundraising efforts, knowing that your money will be spent addressing local matters that directly impact your rights. Take advantage of our membership referral program, and reduce your membership dues, or even earn extra money for your time. Help us grow California Liberty Alliance, from the ground up, as our State Chapter and Political Action Committee prepares to endorse or draft 2016 initiative language to legalize and decriminalize adult cannabis use in California.
California Liberty Alliance is democratically organized and inclusive of every component of the cannabis industry. Our membership includes many ancillary and auxiliary businesses that understand the benefits of a uniform, statewide, regulated cannabis industry. Unlike other organizations that proclaim to stand up for your rights, California Liberty Alliance is not beholden to vested interests that seek to monopolize the cannabis industry. Our operations are completely transparent and our model prepares every Local Chapter to form its own 501-C-4. Our primary purposes include protection of the private property rights, personal medical rights and privacy rights of all qualified individuals within California (i.e. those who lawfully use cannabis in accordance with state laws). Our Chapters will provide educational, legal and political solutions to communities wanting to defend themselves against the discriminatory and unconstitutional actions of local governments. We shall no longer accept the imposition of second-class status or the infringement of our rights by those who hide their efforts behind the smoke screen of cannabis prohibition! The time to act is now, and we are inviting you all to join us.
Join California Liberty Alliance
North River Chapter today!
California Liberty Alliance
Membership Application and Agreement
Download and fill out our Membership Application and Agreement in PDF.
Posted in Industry News, Political Activism
Tagged Abatement, Agricultural Codes, Associations, caliberty.org, California Liberty Alliance, Cannabis, Collective, Cooperative, Decriminalization, Expert Witness, FCCC, Full Circle, Full Circle Cannabis Consultations, Jason Browne, Law Enforcement, Lawyer, Legalization, M.M.P.A., Marijuana, Medical, Medical Marijuana, MMPA, NORML, Nuisance Ordinance, Open House Meeting, Patients, politics, Proposition 215, Public Nuisance, qualified individuals, Rights, SB420
By Paul Wachter, Esquire Magazine, 01/31/2013
Last fall, Washington state became one of the first two states (along with Colorado) to legalize the recreational use of marijuana. Now, Washington’s Liquor Control Board, tasked with implementing the policy, is hiring consultants to advise government officials on every aspect of the process, including cultivation, transportation, sales, and quality control. The state is expected to begin sales in December, when anyone over twenty-one will be able purchase up to an ounce of marijuana. Continue reading
Posted in Industry News, Jason Browne
Tagged Cannabis, Expert Witness, FCCC, Full Circle, Full Circle Cannabis Consultations, Jason Browne, Legalization, Marijuana, Medical Marijuana, Patients, Paul Wachter, Rights