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PEOPLE v. MENTCH

No. H028783.

50 Cal.Rptr.3d 91 (2006)

143 Cal.App.4th 1461

The PEOPLE, Plaintiff and Respondent, v. Roger William MENTCH, Defendant and Appellant.

Court of Appeal of California, Sixth District.

October 18, 2006.

Attorney(s) appearing for the Case

Joseph M. Bochner, under appointment by the Court of Appeal, in association with the Sixth District Appellate Program, for Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Moona Nandi, Supervising Deputy Attorney General, and Michele J. Swanson, Deputy Attorney General, for Respondent.

ELIA, J.

Health and Safety Code section 11358 makes cultivating marijuana a crime.1 However, at the General Election held on November 5, 1996, the electors approved Proposition 215, entitled Medical Use of Marijuana. Relevant here, the measure added section 11362.5, the Compassionate Use Act of 1996 (hereinafter the CUA). Subdivision (d) of section 11362.5 provides that section 11358 relating...

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