People v. Colvin

In People v. Colvin (2012) 203 Cal.App.4th 1029, William Colvin was convicted of transporting marijuana after a pound of marijuana, which he was moving from one of his medical marijuana dispensary's locations to its other location, was found in his car. (Id. at p. 1032.) The dispensary operated by Colvin was a nonprofit corporation that had 5,000 patient members, of whom 14 grew marijuana. The nongrower members bought marijuana at the dispensary. The corporation used the revenue to pay its expenses, including reimbursement to the growers and a salary for Colvin. (Id. at p. 1033.) The trial court ruled that the defense in section 11362.775 did not apply. (Colvin, supra, at p. 1032.) The Second District reversed. It rejected the Attorney General's view that a defendant cannot use the defense if the involvement of most of the cooperative's or collective's members is limited to buying marijuana grown by other members, as opposed to engaging in some more comprehensive kind of united action or participation. The Court of Appeal explained that cooperative corporations organized under California law typically operate in a similar way: "The Attorney General maintains that a medical marijuana cooperative seeking the protections of section 11362.775 must establish that some number of its members participate in the process in some way. The Attorney General does not specify how many members must participate or in what way or ways they must do so, except to imply that Colvin's dispensary, with its 5,000 members and 14 growers, is simply too big to allow any 'meaningful' participation in the cooperative process; hence, it cannot be a 'cooperative' or a 'collective' in the way section 11362.775 intended. But this interpretation of section 11362.775 would impose on medical marijuana cooperatives requirements not imposed on other cooperatives. A grocery cooperative, for example, may have members who grow and sell the food and run a store out of which the cooperative's products are sold. But not everyone who pays a fee to become a member participates in the cooperative other than to shop at it." (Colvin, supra, 203 Cal.App.4th at p. 1039.)