Legal Opinion
People v. Spark
California Court of Appeal
Decided August 2, 2004No. F042331PublishedCited by 4 opinions
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
ARDAIZ, P. J.
In June of 2002, a jury found appellant guilty of cultivating marijuana (Health & Saf. Code, § 11358). His unsuccessful defense was based upon the Compassionate Use Act of 1996 (§ 11362.5), also known as Proposition 215, adopted by the California electorate as an initiative statute in November of 1996. Subdivision (d) of section 11362.5 states in pertinent part that: “. . . Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the…
2Cases cited20 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- People v. WatsonCalifornia Supreme Court · 1956
- Lungren v. DeukmejianCalifornia Supreme Court · 1988
- People v. GardeleyCalifornia Supreme Court · 1996
- People v. BirkettCalifornia Supreme Court · 1999
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3Cited by4 opinions
- People v. LealCalifornia Court of Appeal · 2012
- People v. BeatyCalifornia Court of Appeal · 2010
- Gonzales v. RaichSupreme Court of the United States · 2005
- Gonzales v. RaichSupreme Court of the United States · 2005