Court Rules Medical Marijuana Patients Not Required To Help Cultivate Their Medicine

May 24, 2012

Wasim Muklashy, Kush Magazine

The California Supreme Court handed medical marijuana a major victory yesterday when it denied review of an high-profile Los Angeles dispensary case. Despite California Attorney General Kamala Harris' repeated calls for the Supreme Court to review the outcome of the case of People v Colvin, California's highest court's refusal to do so affirms that medical marijuana collective members are not required to help cultivate their medicine.

The Attorney General argued that member/patients of a collective must take part in "united action or participation" in order for the state's medical marijuana laws to apply to them. The Supreme Court held that such actions would "limit drastically the size of medical marijuana establishments," and provide "little direction or guidance to, among others, qualified patients, primary caregivers, law enforcement, and trial courts." They also held that such provisions would "contravene the intent of state law by limiting patients' access to medical marijuana." 

Another lesser discussed aspect upholding the Colvin decision affirms that "collectives and cooperatives may cultivate and transport marijuana in aggregate amounts tied to its membership numbers." Not only that, but it also held that extracts and concentrated forms of cannabis are also legal under California's medical marijuana laws.

"The decision not to review People v. Colvin should now put to rest this unfounded notion that patients must 'till the soil' or somehow participate in the production of the medicine they purchase at a dispensary," stated Joe Elford, Chief Counsel for ASA (Americans for Safe Access), a prominent medical marijuana advocacy group.



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