People v. Frazier

Opinion

ROBIE, J.

Convicted of cultivation of marijuana, possession of marijuana for sale, and several other charges, defendant challenges the jury instruction the trial court gave (CALJIC No. 12.24.1) on the Compassionate Use Act of 1996. He argues the portion of that instruction which states, “[t]o establish the defense of compassionate use, the burden is upon the defendant to raise a reasonable doubt as to guilt of the unlawful possession or cultivation of marijuana,” impermissibly “suggests] to the jury that a criminal defendant has the burden to prove his own innocence.” It does not. This…