Medical Cannabis: “Second District Court of Appeal rejects Attorney General’s argument that all collective members must participate in cultivation. The California Court of Appeal issued a landmark published decision last week affirming the legality of storefront dispensaries and rejecting the argument that every member of a collective or cooperative must participate in the cultivation. . . . The case People v. Colvin involves William Frank Colvin, the operator of Hollywood Holistic Inc., who was arrested while lawfully transporting a pound of medical marijuana from one collective he operates to another.”
The court said:
“[T]he Attorney General’s vague qualifier provides little direction or guidance to, among others, qualified patients, primary caregivers, law enforcement, and trial courts. Rather, imposing the Attorney General’s requirement would, it seems to us, contravene the intent of [state law] by limiting patients’ access to medical marijuana and leading to inconsistent applications of the law.”
Update: This case is being appealed to the California Supreme Court.