Pages tagged "People v. Baniani"
By Guest Blogger Lauren A. Vazquez, Esq.
The recent California Court of Appeal decision in People v. Baniani firmly establishes the right of patients to access medical cannabis through a collective or cooperative. The Court stated what medical cannabis advocates have always believed, state law protects members of a collective or cooperative who are qualified patients and are not engaged in a profit-making enterprise. The case is the culmination of over a decade of legal decisions and challenges by medical cannabis advocates.
Americans for Safe Access won a similar victory after appealing the conviction of a medical cannabis provider in San Diego in 2012. In People v. Jackson, the court ruled that medical marijuana patients do not have to actively participate in the cultivation of medical cannabis, and that financial support provided by collective members through medical cannabis purchases constitute sufficient involvement in a collective.Read more