P. v. Roberts
Defendant was convicted of felony transportation of marijuana (Health & Saf. Code, 11360, subd. (a)), after he was stopped with a pound and a half of marijuana in his truck. The People appeal from an order reducing the conviction for felony transportation of marijuana to misdemeanor possession pursuant to Penal Code section 1181.[1] The Attorney General contends the felony verdict was not contrary to the law or the evidence. The evidence was undisputed that defendant was transporting a pound and a half of marijuana and, since the defense was that some of the marijuana belonged to others, there was no evidence that amount was reasonably necessary for defendants medical needs. There was no evidence that defendant was the primary caregiver for another qualified patient, therefore he was not permitted to transport medical marijuana for another. The verdict was not contrary to the law or evidence, so we reverse the order.
Defendants remedy, if any, lies in an appeal from the judgment.
Comments on P. v. Roberts