People v. Strasburg

(2007): On March 22, 2007, the California Court of Appeal for the First Appellate District issued a published decision in People v. Strasburg, holding that the Compassionate Use Act does not provide immunity from an otherwise justifiable search, such as when an officer smells marijuana. In its words, "[a]n officer with probable cause to search is not prevented from doing so by someone presenting a medical marijuana card or a marijuana prescription." This decision flies in the face of People v. Mower, wherein the California Supreme Court held that probable cause depends on all of the facts and circumstances, including one's status as a qualified patient. Click here to view the ruling.