What is the burden of proving a defendant was not authorized to possess, transport or sell marijuana for medical purposes?
California, United States of America
The following excerpt is from People v. Cardwell, A124890 (Cal. App. 2011):
9. The proposed instruction also allocated to the People the burden to prove defendant was not authorized to possess, transport, or sell marijuana for medical purposes. This is an inaccurate statement of the law. The defendant bears the burden to raise a reasonable doubt as to the facts underlying a CUA defense. (People v. Mower (2002) 28 Cal.4th 457, 476-481 (Mower).)
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