A medical marijuana doctor’s recommendation is the final word

Jay Leiderman
By: Jay Leiderman
April 22 2016

THE MEDICAL RECOMMENDATION FOR THE USE OF CANNABIS MAY NOT BE CHALLENGED AT TRIAL BY THE PROSECUTION NOR “SECOND GUESSED” BY THE JURY; THE MEDICAL MARIJUANA DOCTOR’S RECOMMENDATION IS FINAL AND NOT SUBJECT TO ATTACK

The prosecution may not challenge or have the jury “second guess” the MEDICAL MARIJUANA DOCTOR’s recommendation for the use of marijuana; as stated in People v. Spark (2004)121 Cal.App.4th 259:

“As is evidenced by the entirety of the language of subdivision (b)(1)(A) and the language of subdivision (d) of section 11362.5, the question of whether the medical use of marijuana is appropriate for a patient’s illness is a determination to be made by a physician. A physician’s determination on this medical issue is not to be second-guessed by jurors who might not deem the patient’s condition to be sufficiently ‘serious.'” (emphasis added)

 

People v. Spark 121 cal.App.4th 259, 268.

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At Jay Leiderman Law, we have proven results over years of practice, and we are uniquely qualified to represent you in your time of need. We are situated in Ventura, California but we handle cases throughout the state. We have the expertise, experience and skill to handle numerous types of legal matters.  Jay Leiderman is one of only a few CERTIFIED CRIMINAL LAW SPECIALISTS in the area.  He handles every kind of criminal law case. He is famous for defending medical marijuana cases and computer hacking cases, though the bulk of his practice is a generous mix of those cases plus serious felonies and misdemeanors.  Read more at his Wikipedia page: https://en.wikipedia.org/wiki/Jay_Leiderman or his homepage www.jayleiderman.com

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Jay Leiderman is a California State Bar Board of Legal Specialization Certified Criminal Law Specialist

This post does not create an attorney-client relationship and does not constitute legal advice.  Moreover, the law changes over time.  Always consult an attorney before determining what motion s to file and what the current law is as to any particular topic.

Criminal defense attorney and author Jay Leiderman, a California State Bar Certified Criminal Law Specialist can be contacted through the contact page of this website: https://www.jayleiderman.com/contact/

2 thoughts on “A medical marijuana doctor’s recommendation is the final word

  1. Stalker gets arrested for stalking! Rot in Hell, JoJo. You lost at life. Fucker! Fuck you, Sue Basko, too. You’re next. Crooked psycho narcissist co-conspirator. You gonna hide without your sociopath to protect you?

    http://jeffco.us/wil/search.do;jsessionid=0F1D910D58621C27ED3D6379FC3304B0

    http://www.bullyville.com/uploads/files/Camparrested892016_1.png

    http://www.irontroll.com/2016/08/jojo-camp-arrested-again-assault.html

    JoJo Camp was arrested yesterday in Lakewood, Colorado. He is currently being held on numerous charges including displaying a deadly weapon, stalking, harassment, violating a restraining order, assault, and bribery.

    JoJo, who hasn’t been out of jail much in recent years, made national headlines when he hacked a university computer network, fled the state, and then was apprehended while trying to sell the identities of thousands of students and faculty to an undercover FBI officer.

    JoJo spent time in prison for the hacking and was released early only to be sent back to finish out his sentence after stalking and harassing a Florida lawyer and her child.

    After being released a second time, JoJo continued his harassment of the lawyer and had a permanent restraining order put out against him last year. Naturally he chose to ignore the PRO but left New York and moved to Colorado.

    JoJo attempted to start a business and a new life in Colorado in Mime related activities (yes, Mime) but wasn’t too successful. He was arrested early Tuesday morning after being set up by one of his victims. It appears he’s being held without bail.

    Mr Camp was running as an independent candidate for Colorado House District 1. Let’s hope this arrest doesn’t interupt his campaign too much.

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