People v. Mower
(2002): This unanimous CA Supreme Court ruling declared that patients and their care providers are entitled to a pre-trial hearing to determine the legitimacy of their medical cannabis defense. If this is established through a preponderance of evidence, the case should be dismissed before going to trial. In addition, the Court ruled that the state must show proof of guilt "beyond a reasonable doubt" in any criminal case. In powerful language, it declared that "possession and cultivation of marijuana is no more criminal - so long as its conditions are satisfied - than the possession and acquisition of any prescription drug with a doctor's prescription." Click to view the ruling.
State Advocacy Resources
