Daily Archives: October 18, 2014

DO THE POLICE HAVE A DUTY TO INVESTIGATE A MEDICAL MARIJUANA DEFENSE?

Harvesting MarijuanaThe police obtained a search warrant based on information showing that the defendant possessed and cultivated marijuana. The defense argued that the search warrant was invalid. The warrant did not establish probable cause to search the defendant’s residence because, although it showed that the defendant possessed and was cultivating marijuana, it did not address whether the marijuana was possessed or cultivated for medical purposes.

According to defendant, to justify the search warrant, Deputy Gaisford was required to include facts in his affidavit showing that defendant’s conduct in cultivating marijuana was not in conformance with the Compassionate Use Act and the Medical Marijuana Program Act. (p.7). Essentially the argument is that police failed to investigate and determine whether the defendant had a medical marijuana defense.

The California Court of appeals holds that police have no duty to investigate whether the defendant has the marijuana legally.

People v. Clark; B253036; 10/9/14; C/A 2nd, Div. 5 

http://www.courts.ca.gov/opinions/documents/B253036.PDF