People v. Rogers

I concur in the judgment of reversal, but dissent from the majority’s conclusion, (ante, p. 137) that to be guilty of the crime of “transporting” marijuana as defined in Health and Safety Code section 11531 “requires only a knowing transportation of marijuana, whether for personal use, sale, distribution or otherwise.”

Under the majority’s reading of section 11531, the severe penalties there prescribed could be inflicted on every person who is found to be in possession of a small quantity of marijuana for his personal use but happens at the time to be in motion, either in a vehicle, on foot,…