In a motion to suppress evidence in a medical malpractice case, has a recommending physician ever been allowed to attach a statement recommending marijuana for medical purposes?

California, United States of America


The following excerpt is from People v. Guizar, F068948 (Cal. App. 2015):

In People v. Windus (2008) 165 Cal.App.4th 634, the recommending physician testified at an Evidence Code section 402 hearing to establish the existence of the medical marijuana recommendation and its contents and the right to assert the defense set forth in section 11362.5. (Windus, at pp. 638-639.) In People v. Waxler (2014) 224 Cal.App.4th 712, the defendant attached a "valid physician's statement recommending the use of marijuana for medical conditions" in moving to suppress evidence. (Id. at p. 717.)

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