You don’t need collective documents to assert a collective defense
Recently, the requirement to have collective documents to assert a collective marijuana cultivation defense was eliminated. The ruling came on January 16, 2015, in People v. Orlosky, a criminal appeal filed in the Fourth District Court of Appeal.[i]
The court stated that collective documents may be a relevant factor for juries to evaluate. Such documents are not a mandatory requirement preventing a defendant from asserting a collective defense regarding “informal joint cultivation arrangements between two qualified patients who grow marijuana exclusively for their own medical use.”[ii]
The new rule applies to you if your circumstances are similar to those of the appellant. Robert Orlosky argued he and his roommate, who lived in a trailer on rural property, were growing marijuana together solely for medical purposes. Orlosky asserted his defense under the Compassionate Use Act (CUA). Law enforcement officers had argued that Orlosky and his roommate were growing more marijuana than was needed for their medical use.
Although the court has eliminated the requirement to have collective documents, possessing these documents may be helpful to you. If you want to review these documents with an attorney or have been charged with felony cultivation, contact Gabriel Quinnan. Quinnan is a skilled criminal defense attorney based in Santa Rosa, available to represent clients in Mendocino, Sonoma, Lake, Marin, and Napa counties. Call Gabriel Quinnan at (707) 540-2356 to discuss your case.
[i] People v. Orlosky, No. D064468, Court of Appeals of California, Fourth District, Division One. Filed January 16, 2015.
[ii] See People v. Orlosky.
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