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PEOPLE v. HOCHANADEL

No. D054743.

176 Cal.App.4th 997 (2009)

THE PEOPLE, Plaintiff and Appellant, v. STACY ROBERT HOCHANADEL et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

August 18, 2009.

Attorney(s) appearing for the Case

Rod Pacheco, District Attorney, and Jacqueline C. Jackson, Deputy District Attorney, for Plaintiff and Appellant.

Marylou Hillberg, under appointment by the Court of Appeal, for Defendant and Respondent Stacy Robert Hochanadel.

James M. Crawford, under appointment by the Court of Appeal, for Defendant and Respondent John Reynold Bednar.

Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Respondent James Thomas Campbell.

OPINION

NARES, J.—

In this case we are presented with two questions regarding the legality of storefront dispensaries that provide medical marijuana pursuant to the Compassionate Use Act of 1996 (CUA; Health & Saf. Code, § 11362.5), approved by voters in 1996 under Proposition 215, and its implementing legislation, the Medical Marijuana Program Act (MMPA).

First, did the MMPA unconstitutionally amend the CUA when it authorized...

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