In People v. Konow (2004) 32 Cal.4th 995, the defendants were various officers and employees of the California Alternative Medicinal Center, Inc. (CAMC), a for-profit corporation formed after the passage of Proposition 215 (the "Medical Use of Marijuana" initiative), to sell and distribute marijuana to qualified patients and primary caregivers. (Id. at pp. 1002, 1004.) The defendants were prosecuted for felony marijuana sales, despite much evidence that they had attempted to operate within the confines of the law and sought endorsement of their activities from the city attorney and the chief of police. (Id. at pp. 1003-1005.) The magistrate initially ordered the complaint dismissed on grounds that, inter alia, the statute under which the defendants were being prosecuted was invalid as applied to sales to qualified patients and primary caregivers. (Id. at p. 1006.) The People's subsequent motion to compel reinstatement of the complaint was granted. On remand, the original magistrate declined the defendants' invitation to dismiss the complaint under section 1385. The magistrate indicated that he would " 'dearly love to accept' " the invitation because he believed that on the facts of the case, justice was being "subverted." (32 Cal.4th at p. 1009.) However, he felt constrained to deny the request by the order compelling reinstatement of the complaint. (Ibid.) The defendants moved in superior court to set aside the information under section 995, arguing, inter alia, that they had been denied a substantial right--i.e., the magistrate's consideration of whether to dismiss the complaint in furtherance of justice under section 1385. (32 Cal.4th at pp. 1009, 1021.) The California Supreme Court concluded that the superior court may set aside an information under section 995 "when the magistrate erroneously and prejudicially has failed to consider whether to dismiss the complaint in furtherance of justice under section 1385." (People v. Konow, supra, 32 Cal.4th at p. 1021.) Konow acknowledged that a defendant has no right to make a formal motion before a magistrate to dismiss in furtherance of justice pursuant to section 1385. (32 Cal.4th at p. 1022.) Nonetheless, a defendant may informally suggest that the magistrate exercise his or her authority to dismiss on his or her own motion.