Sorry for the dearth of posting this week. Dealing with work takes time and energy, but it's nothing compared to the time and energy required when dealing with kids. Yipes!
Anyway, the California Supremes on Wednesday (12/17/08) issued an interesting modification to their opinion in Mentch (the case about who can qualify for a "primary caregiver" jury instruction in a medical marijuana defense).
The Supremes added a new footnote five, saying the following:
In holding that the assumption of primary caregiver responsibilities cannot apply retroactively to immunize prior cultivation or possession of marijuana, we do not suggest it would not apply prospectively. Defendants who show they satisfied all other prerequisites for primary caregiver status for a given patient at some point after the onset of providing marijuana may avail themselves of the defense going forward, even if they remain subject to prosecution for actions taken prior to assumption of a primary caregiver role.
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