[Download] "People v. Mentch" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Mentch
- Author : Colorado Supreme Court
- Release Date : January 24, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
The Compassionate Use Act of 1996 (Act) (Health & Saf. Code, 11362.5, added by voter initiative, Prop. 215, Gen. Elec. (Nov. 5, 1996)) provides partial immunity for the possession and cultivation of marijuana to two groups of people: qualified medical marijuana patients and their primary caregivers. We consider here who may qualify as a primary caregiver. We hold that a defendant whose caregiving consisted principally of supplying marijuana and instructing on its use, and who otherwise only sporadically took some patients to medical appointments, cannot qualify as a primary caregiver under the Act and was not entitled to an instruction on the primary caregiver affirmative defense. We further conclude that nothing in the Legislatures subsequent 2003 Medical Marijuana Program (Health & Saf. Code, 11362.7 et seq.) alters this conclusion or offers any additional defense on this record. Accordingly, we reverse the Court of Appeal.