PEOPLE v. MOWER

No. S094490.

122 Cal.Rptr.2d 326 (2002)

28 Cal.4th 457

49 P.3d 1067

The PEOPLE, Plaintiff and Respondent, v. Myron Carlyle MOWER, Defendant and Appellant.

Supreme Court of California.

July 18, 2002.


Attorney(s) appearing for the Case

Gerald F. Uelmen, Santa Clara, under appointment by the Supreme Court; and Richard D. Runcie, Fresno, under appointment by the Court of Appeal, for Defendant and Appellant.

Ann Brick for the ACLU of Northern California as Amicus Curiae on behalf of Defendant and Appellant.

Graham Boyd for American Civil Liberties Union as Amicus Curiae on behalf of Defendant and Appellant.

Mark Rosenbaum, Los Angeles, for the ACLU of Southern California as Amicus Curiae on behalf of Defendant and Appellant.

Jordan C. Budd for the ACLU of San Diego and Imperial Counties as Amicus Curiae on behalf of Defendant and Appellant.

Daniel N. Abrahamson for the Lindesmith Center Drug-Policy Foundation as Amicus Curiae on behalf of Defendant and Appellant.

Law Office of J. David Nick, J. David Nick and Ean Vizzi for National Organization for the Reform of Marijuana Laws as Amicus Curiae on behalf of Defendant and Appellant.

Massa & Associates and Richard J. Massa, Lakeport, for Sudi Pebbles Trippet and Tod Mikuriya as Amici Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Acting Assistant Attorney General, Stephen G. Herndon and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent.


GEORGE, C.J.

Sections 11357 and 11358 of the Health and Safety Code make it a crime to possess and cultivate marijuana.1

At the General Election held on November 5, 1996, the electors approved an initiative statute designated on the ballot as Proposition 215 and entitled Medical Use of Marijuana. In pertinent part, the measure added section 11362.5, the Compassionate Use Act of 1996. (Prop. 215, § 1, as approved by electors...

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