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Law Practice

Oct. 7, 2008

State High Court to Consider Medical Marijuana Case

Justices will consider when a primary caregiver defense can be used in marijuana cases. California law allows groups of patients to cultivate marijuana for shared use but is silent on the issue of whether a person can grow it for others.

By Laura Ernde

Daily Journal Staff Writer

Roger Mentch was eager to tell a Santa Cruz County jury about his practice of distributing medical marijuana.

Mentch claimed he not only used the drug himself, for colitis and depression, but grew and provided it to five other medical marijuana patients. He argued that his role as a primary caregiver for the patients, as defined in the state's voter-approved Compassionate Use Act of 1996, immunized him against pr...

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