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Name: People v. Jones
Case #: C041404
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/30/2003
Subsequent History: None

A physician gives “approval” for the medical use of marijuana by expressing to the patient a favorable opinion of marijuana use for treatment of the patient’s illness. When defendant testified at a pretrial hearing that his doctor said marijuana might help with defendant’s migraines and “go ahead” in response to defendant’s inquiry, the trial court erred in refusing to instruct on the defense of medical marijuana. The court held this was sufficient evidence to raise a reasonable doubt about whether the defense applied. The doctor testified he did not “recommend” the use of marijuana to the patient during an examination prior to the effective date of the Compassionate Use Act.