When will a jury decide a defendant's medical marijuana defense?

The court's ruling was correct. Defendant argues that the jury should have been permitted to decide defendant's medical marijuana defense, but the court acts as a "gatekeeper" and properly conducts an Evidence Code section 402 hearing when physician approval is contested. (People v. Jones (2003) 112 Cal.App.4th 341, 350, 356.) "If the defendant produces evidence at the section 402 hearing sufficient to raise a reasonable doubt as to whether he had a physician's approval to use marijuana, then the gatekeeping function of a section 402 hearing is satisfied and the defense should go to the jury to decide. Only if the defendant fails to produce sufficient evidence to raise a reasonable doubt about the existence of an approval is the trial court justified in keeping the matter from the jury." (Id. at p. 350.)