The California State Supreme Court has handed down a powerful, far-reaching interpretation of the meaning and effect of the marijuana reform bill passed by the legislature in 2003.

In this case, Shaun Wright was convicted of transporting a pound of cannabis after the trial court denied a medical use defense. The High Court ruled Nov. 27, 2006 that a patient is entitled to the defense without a state ID card and without divulging the information to a police officer (it can be presented in court).

Most importantly, a patient can exceed the amounts set forth in the state guidelines and still defend their medical rights to a judge or jury using the standard set forth earlier in Trippet.

“The Attorney General fails to cite any provision of the MMP that supports his assertion that a defendant must identify himself as a medical user of marijuana before he or she can assert a CUA defense to a charge of transporting marijuana. To the contrary, the relevant provisions of the MMP contain no such requirement. ...

“The AG’s claim that defendant’s possession of a greater amount of marijuana than that specified in the MMP negates his entitlement to its defense against a transportation charge fares no better. The Attorney General relies on section 11362.77, subdivision (a). ...

“Moreover, the sponsors of Senate Bill No. 420 (2003-2004 Reg. Sess.) made clear that, although couched in mandatory terms, the amounts set forth in section 11362.77, subdivision (a) were intended ‘to be the threshold, not the ceiling.’ ... [noting that “the quantity limitations [set forth in § 11362.77, subdivision (a)] serve only as a floor”]. ”

You can read the text of the ruling, Cal SC # S128442, online at chrisconrad.com/expert.witness/wright.html.