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Name: People v. Wayman
Case #: G042582
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/15/2010
Summary

The circumstances under which medical marijuana may be transported must be reasonably related to the patient’s medical needs. Police stopped appellant for speeding and found him to be under the influence of alcohol. They searched appellant’s vehicle and found about four ounces of marijuana in various locations. At trial, appellant testified that he had been prescribed medical marijuana for back pain, and that he seldom goes more that a few days without using the drug. He stated that he kept the marijuana in his vehicle rather than storing it in his house so as to appease his mother, with whom he lives. The court instructed the jury that appellant must be a qualified user under the Compassionate Use Act (CUA), which appellant was, and that the circumstances of his transportation (i.e., quantity, method, timing, and distance of the transportation) must demonstrate that the drug was for appellant’s current medical needs. Appellant was convicted of transporting medical marijuana. Referring to the Medial Marijuana Program (MMP) enacted to address issues not included in the CUA, the Supreme Court’s ruling in People v. Wright (2006) 40 Cal.4th 81, and the test as to transportation in People v. Trippet (1997) 56 Cal.4th 1532, the appellate court found the instruction was consistent with the MMP and accurately reflected the law regarding transportation of medical marijuana.