What the courts say
Thursday, October 29th, 2009
In my role as California Director of Americans for Safe Access (ASA), I talk to officials in cities and counties all over California about developing regulations for medical cannabis collectives and cooperatives. Many of these officials are confused as to the evolving case law surrounding this issue. The most commonly misunderstood cases is People v. Mentch, which is sometimes misinterpreted to mean that collectives and cooperatives can not sell medicine to members. While it is true that the Mentch decision upheld a narrow definition of the term “primary caregiver,” that ruling only concerns an individual’s claim to be a primary caregiver under state law; it does not address the legality of collectives and cooperatives. Applying Mentch to collectives and cooperatives of patients, including those, which maintain storefront facilities, is an interpretive stretch, at best. It’s like comparing apples to oranges.
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