| Medical Marijuana Legal Blog |
Fourth District Court of Appeal rejects requirement that all collective members must be actively involved in cultivation
The Fourth District Court of Appeal for California on Wednesday issued a unanimous published ruling in a landmark medical marijuana case that reverses the conviction of a San Diego dispensary operator, Jovan Jackson, convicted in September 2010 after being denied a defense in state court. Wednesday’s historic ruling also reversed the lower court’s finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.
“This landmark decision not only recognizes the right of dispensaries to exist and provide medical marijuana to their patient members, it also grants a defense for those providers in state court,” said Joe Elford, chief counsel with Americans for Safe Access (ASA), a medical marijuana advocacy group. Elford also argued Jackson’s appeal before the court.