What is the burden of proving a medical marijuana defense beyond a reasonable doubt?
MultiRegion, United States of America
The following excerpt is from United States v. Pisarski, 965 F.3d 738 (9th Cir. 2020):
3 Once a criminal defendant raises a reasonable doubt about the medical marijuana defense to permit the defense, the burden shifts to the government to disprove the defense. See People v. Orlosky , 233 Cal.App.4th 257, 182 Cal. Rptr. 3d 561, 571 (2015). I rely on California state court decisions addressing a criminal defendant's threshold minimal burden, and not the more onerous burden imposed on the government "to disprove the defense beyond a reasonable doubt." Id.
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