California Supreme Court Rules Caregivers Cannot Just Provide Marijuana
By micro99 at 1 December, 2008, 4:05 pm
The California Supreme Court ruled last week that a caregiver cannot simply dispense and give instruction on how to use marijuana, but must also consistently provide care for the patient.
In reinstating a California man’s 2005 conviction for possession and cultivation for the sale of marijuana, the state supreme court ruled that a primary caregiver must have “consistently assumed responsibility for the housing, health, or safety of the patient.”
Roger Mentch, who was arrested in 2003, had a valid medical marijuana recommendation and grew marijuana in his home. Mentch said he used some of the marijuana and sold the remainder to five other patients, according to the Willits News.
Mentch claimed that he was allowed to cultivate and possess marijuana because he was a primary caregiver.
However, the supreme court ruled that only periodically taking patients to medical appointments, while supplying and instructing them on how to use marijuana does not amount to a primary caregiver.
Marijuana is legal for medical purposes in California under state law, although the U.S. federal government does not recognize that legalization and has been known to carry out raids to confiscate the drug.
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