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PEOPLE v. KELLY

No. B195624. No. B201234.

163 Cal.App.4th 124 (2008)

THE PEOPLE, Plaintiff and Respondent, v. PATRICK K. KELLY, Defendant and Appellant. In re PATRICK K. KELLY on Habeas Corpus.

Court of Appeals of California, Second District, Division Three.

CERTIFIED FOR PARTIAL PUBLICATION]

Attorney(s) appearing for the Case

Gloria C. Cohen, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ALDRICH, J.

INTRODUCTION

In 1996, California voters approved Proposition 215, the Compassionate Use Act of 1996 (CUA; Health & Saf. Code, § 11362.5). The CUA provides that a patient who possesses or cultivates marijuana for his or her personal medical purposes upon a doctor's recommendation is not liable for certain marijuana-related offenses. Although the CUA states that the marijuana possessed or cultivated must...

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