New CA Ruling on Transport of Medicinal Marijuana

The California Supreme Court ruled this week that those arrested for transporting pot may avoid getting convicted if they can prove the drug is for their own medicinal purpose.

This new ruling protects people who carry even fairly large amounts of marijuana if they are able to show that the quantity is recommended by a licensed doctor and consistent with their individual medical needs.

The Wright Case

The decision stems from the case of Shaun Eric Wright, who was charged in 2001 for possessing and transporting over a pound of pot in his truck, including two large bags of the drug, several small bags, and a scale.

Wright requested that he not be convicted of a crime if jurors determined the drug was recommended by a physician. A doctor testified in court that he had indeed recommended the defendant use marijuana to relieve him of emotional stress and anxiety, pain, and abdominal complications.

The doctor also claimed that Wright preferred to ingest the marijuana rather than smoke it, which is the reason he carried a larger amount. He testified that the defendant required a pound of pot every several months.

While Wright was eventually convicted of transporting marijuana with the intent to sell, the new clarification of the Compassionate Use Act of 1996 “expands the defenses that can be used for medical marijuana,” said Wright’s attorney Maureen J. Shanahan.

Charged with a drug crime? Please contact us today to speak with a qualified and experienced criminal
law lawyer who can protect your legal rights and interests.