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State of California v. Marvin Chavez (1999-20??, Orange County, CA)

posted Feb 22, 2013, 2:23 PM by The Editor   [ updated Feb 22, 2013, 2:32 PM ]
July 18th, 2002. In a unanimous ruling, the California Supreme Court granted medical marijuana patients powerful legal protection against state prosecution for possession and cultivation of marijuana. The court ruled that Prop. 215 is more than just a criminal defense but also provides qualified immunity from prosecution, and that defendants must be found guilty "beyond a reasonable doubt," not merely by "preponderance of evidence," a weaker standard that had previously been used by the courts.

The Mower decision was of no help to Prop. 215 patient Marvin Chavez, who was ordered back to state prison after a court turned down his sentencing appeal. Chavez, the founder of the Orange County Cannabis Cooperative, had been sentenced to six years in 1999 for selling small amounts of marijuana to two narcotics agents posing as patients, but was released on bail pending appeal in 2000. He was sentenced by Orange County Superior Court Judge Thomas Borris [...] remains at large despite having wrecked his car while driving with twice the legal limit of alcohol in his system. Chavez has another 20 to 24 months left to serve.

Information courtesy of CANORML.org.
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