People v. Baniani

In People v. Baniani (2014) 229 Cal.App.4th 45, the appellate court reversed a defendant's conviction of possessing marijuana for sale due to the trial court's erroneous refusal to allow the defendant to assert a defense under section 11362.775. The panel held that section 11362.775 "was written to provide a defense to a charge of selling marijuana in appropriate circumstances," and further opined that a contrary interpretation of the statute would defeat the stated purpose of the MMP to make access to medical marijuana easier for patients. (Baniani, supra, 229 Cal.App.4th at p. 61.)