What is the test for possession of small amounts of marijuana under the California Medical Cannabis Act?

California, United States of America


The following excerpt is from People v. Winston, B268926 (Cal. App. 2017):

7. As defendant points out in his opening brief, "[t]he CUA does not specify an amount of marijuana that a patient may possess or cultivate, but simply imposes the requirement that the marijuana must be for the patient's 'personal medical purposes.' [Citations.] This medical purposes requirement has been judicially construed to mean '"the quantity possessed by the patient . . ., and the form and manner in which it is possessed, should be reasonably related to the patient's current medical needs."' [Citation.]" (People v. Orlosky (2015) 233 Cal.App.4th 257, 267 (italics omitted).) Any error on this issue was immaterial to this case, however, as the amount of marijuana recovered during the traffic stop was well below eight ounces.

8. To prove the crime of possession of marijuana for sale, the prosecution must prove beyond a reasonable doubt that the defendant knowingly possessed a usable amount of marijuana with the intent to sell it. (People v. Montero (2007) 155 Cal.App.4th 1170, 1175-1176; see also CALCRIM No. 2352.)

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