Legal Opinion
Chavez v. Superior Court
California Court of Appeal
Decided September 30, 2004No. G033378PublishedCited by 4 opinions
1Opinion of the Court
Opinion
O’LEARY, Acting P. J.
Marvin Chavez was arrested for cultivation and possession of marijuana for sale. After his case was dismissed, he filed a motion seeking the return of “a reasonable amount” of marijuana for medicinal purposes. Chavez contends it was an abuse of discretion for the trial court to deny the motion because he is entitled to possess, use, and cultivate marijuana pursuant to Health and Safety Code section 11362.5—the Compassionate Use Act of 1996. We disagree and deny the petition.
FACTS
The facts are largely undisputed. A jury convicted Chavez of two counts of selling and…
2Cases cited9 opinions
- People v. MowerCalifornia Supreme Court · 2002
- Minsky v. City of Los AngelesCalifornia Supreme Court · 1974
- Gershenhorn v. Superior CourtCalifornia Court of Appeal · 1964
- County of Santa Clara v. PerryCalifornia Supreme Court · 1998
- Buckhorn v. St. Jude Heritage Medical GroupCalifornia Court of Appeal · 2004
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3Cited by4 opinions
- County of Butte v. Superior CourtCalifornia Court of Appeal · 2009
- Roscoe Littlefield v. County of HumboldtCalifornia Court of Appeal · 2013
- County of Butte v. Superior CourtCalifornia Court of Appeal · 2009
- Littlefield v. Cty. of HumboldtCalifornia Court of Appeal · 2013