Law-Guy: Daily Case Summaries

People v. Mentch (2008) 45 Cal.4th 274  Dec. 17, 2008.
Mentch grew pot.  He had at least 5 patients to whom he regularly sold pot.  He regularly brought smelly cash to the bank and a teller busted him.  He had lots of plants when he was searched and he freely admitted selling pot to his patients.  [...]

People v. Rubin (2008)

People v. Bergen (2008) 166 Cal.App.4th 161 , Second Dist., Aug. 22, 2008
Def is using butane to extract hash from MJ. He pleas to manufacturing and appeals, claiming 11358 processing is exclusive charge.  BTW - he is sentenced to 5 yr pris term for this deed.  Appellate court says this is ok, since legislative intent of [...]

People v. Windus (2008)

People v. Mauch (2008) 163 Cal.App.4th 669, Fourth Dist.,  Jun. 3, 2008
Def charged with misd poss of MJ and felony cultivation.  After jury empaneled, and informal discussion, Def pleas to the sheet and the court, over DA objection, reduces cultivation to misdemeanor and imposes informal probation and fine.  DA appeals. Appeallate court agrees that 11358 [...]

People v. Masotti (2008) 163 Cal.App.4th 504 , Third Dist. May. 28, 2008
Def is medical MJ user.  CHP sends snitch to buy pot for snitches birthday.  Def gives pot and refuses payment.  Snitch comes back and buys $5 worth of pot.  Later search uncovers legitimate amount of med pot, some plants (unspecified number) and $180 [...]

People v. Kelly (2008) 163 Cal.App.4th 124  Second Dist., May. 22, 2008
Def found with 12 oz of MJ and serious illness with recommendation.  At trial DA argues 8 oz limitation provisions of 11362.77. At trial, instructions were under Prop 215 and did not specify 8 0z limit.  Only problem was allowing DA to cross examine [...]

Ross v. RagingWire Telecommunications, Inc. (2008) 42 Cal.4th 920 , Jan. 24, 2008
Def required to take pre-employment drug test.  He gives employer MJ recommendation and takes test.  He starts work and a few days later, after drug test result he is suspended, then fired.  Def makes civil claim.  Supremes (note Kennard-Moreno dissent) say Prop 215 [...]

People v. Hua (2008) , Cal.App.4th [No. A116578. First Dist., Div. Five. Jan. 11, 2008.
Cops respond to apt building on noise complaint.  They smell pot burning and, looking in window, see someone passing a joint.  They knock - Def answers, denies smoking pot and refuses permission to enter.  Cops enter anyways on claim of exigent [...]

People v. Chakos (2007) , Cal.App.4th [No. G037004. Fourth Dist., Div. Three. Dec. 21, 2007
Marijuana case.  Def stopped and 1/4 oz of pot is found along with med certificate authorizing use of pot and  $781 in cash.  Shortly after, another 6 oz is found in Def apartment along with a scale and some baggies.  At [...]