Search Results: colvin (3)

K.C. Alfred/Sign On San Diego
Jovan Jackson, manager of a now-defunct medical marijuana dispensary in Kearny Mesa, is accused of illegally selling cannabis

Advocates fight to overturn a wrongful conviction and preserve the right to a medical marijuana defense
Appellate court oral arguments are set to occur Thursday in a widely watched medical marijuana dispensary case that raises the question of what defines a legitimate dispensary. Nearly a year ago, medical marijuana patient advocacy group Americans for Safe Access (ASA) appealed the September 2010 conviction of San Diego dispensary operator Jovan Jackson.

Citizens For Patient Rights

The California Supreme Court has dismissed the case of Pack v. Long Beach, in which an appellate court had ruled that the restrictive permitting scheme for medical marijuana dispensaries in the city of Long Beach was illegal. This case was often cited by medical marijuana opponents to support the claim that any permitting or regulation of medical marijuana — including those found in the local medical marijuana initiative proposals that have qualified for the November ballot around San Diego — may not withstand legal challenges.

These initiatives include Proposition H in Del Mar, Proposition W in Solana Beach, and Proposition T in Lemon Grove.
Fortunately, with this dismissal, the Pack decision was de-published. This means that attorneys can no longer cite Pack as valid law. Similarly, a municipality cannot rely upon the Pack decision to ban lawful medical marijuana dispensaries, nor to conclude that local regulation of lawful medicinal cannabis dispensaries violates federal law.
The California Supreme Court also recently, and unanimously, let the 2012 decision, Pack v. Colvin, stand, which held that a qualified patient who was managing two storefront dispensaries was entitled to a defense in court to criminal charges of transportation of marijuana and possession of concentrated cannabis.

Marylanders 4 Safe Access

People v. Colvin Affirms That Dispensing Collective Members Are Not Required To Help Cultivate Their Marijuana
The absurd specter of seriously ill medical marijuana patients being forced to work in the fields for their medicine has been dispelled. In a major victory for the community, the California Supreme Court on Wednesday denied review of an important dispensary case out of Los Angeles. Rejecting calls from State Attorney General Kamala Harris and law enforcement to review the Court of Appeal ruling in People v. Colvin, the Court upheld certain protections for medical marijuana patients and providers.