P. v. Fernandez
At defendant and appellant John Fernandez’s jury trial for marijuana-related offenses, the trial court refused to instruct on a medical marijuana defense under Health and Safety Code section 11362.775[1] of the Medical Marijuana Program Act (MMPA). Because there was evidence Fernandez possessed and transported the marijuana for reasons related to his membership in a marijuana collective sufficient to warrant instruction on the defense, we reverse the judgment and remand for further proceedings.
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