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Legal Opinion

People v. Hochanadel

California Court of Appeal

Decided August 18, 2009No. D054743PublishedCited by 28 opinions

1Opinion of the Court

Opinion

NARES, J.

In this case we are presented with two questions regarding the legality of storefront dispensaries that provide medical marijuana pursuant to the Compassionate Use Act of 1996 (CUA; Health & Saf. Code, § 11362.5), approved by voters in 1996 under Proposition 215, and its implementing legislation, the Medical Marijuana Program Act (MMPA).

First, did the MMPA unconstitutionally amend the CUA when it authorized “cooperatives” and “collectives” to cultivate and distribute medical marijuana?

Second, did the court err in quashing a search warrant for a storefront medical marijuana…

2Cases cited23 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. United States v. LeonSupreme Court of the United States · 1984
  4. California v. CiraoloSupreme Court of the United States · 1986
  5. People v. McPetersCalifornia Supreme Court · 1992

18 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. People v. KellyCalifornia Supreme Court · 2010
  2. Qualified Patients Assn. v. City of AnaheimCalifornia Court of Appeal · 2010
  3. United States v. Noah KleinmanCourt of Appeals for the Ninth Circuit · 2017
  4. People v. ClendeninColorado Court of Appeals · 2009
  5. People v. ColvinCalifornia Court of Appeal · 2012

23 more not listed; retrieve them via the Exa API.

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