A state appeals court has upheld a lower court ruling that Proposition 215 does not grant a medical marijuana grower immunity from prosecution. A pot grower could be running afoul of the law if he or she does not have a doctor´s recommendation or does not qualify as a primary caregiver.
The case at issue is that of Robert Michael Galambos, a man arrested in 1997 by Calaveras County sheriff´s deputies. He was charged with one count of marijuana cultivation and one of possession of marijuana for sale.
Galambos used marijuana as a treatment for ailments resulting from an automobile accident and sought to distribute it to a medical marijuana club.
The Third Appellate District court sided with the lower court in ruling that Galambos did not meet requirements for medical necessity.
This post was last modified on 01/31/2009 5:37 pm