P. v. Khoury
Defendant Richard Khoury, a qualified medical marijuana patient, operated three medical marijuana shops in the cities of Northridge, Van Nuys and Encino. In 2010 and 2011, the Los Angeles Police Department executed search warrants at the shops and Khoury’s home, seizing marijuana, cash, scales, computers, receipts and business records. Khoury was charged with cultivating marijuana and possession of marijuana for sale. (Health & Safety Code, §§ 11358, 11359.) He pleaded not guilty.[1]
Prior to trial, Khoury filed a notice that he would rely on an affirmative defense provided by the Medical Marijuana Program Act, Health and Safety Code[2] section 11362.7 et seq. Section 11362.775 provides: “Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357 ([possession of marijuana]), 11358 ([cultivation of marijuana]), 11359 [(possession of marijuana for sale)], 11360 [(transporting, importing, selling, furnishing, or giving away marijuana)], 11366 [(maintaining a place for the sale, giving away, or use of marijuana)], 11366.5 [(making real property available for the manufacture, storage, or distribution of controlled substances)], or 11570 [(abatement of nuisance created by premises used for manufacture, storage, or distribution of controlled substance)].â€
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