People v. Baniani
Aug 26, 2014OUTCOME: Reversal of Judgment
The California Court of Appeal has awarded the Law Offices of Glew & Kim a reversal of judgment in People v. Baniani. The landmark decision stands in support of the rights of medical marijuana patients ... under the Medical Marijuana Program (MMP). “This decision is another giant step toward legitimacy for medical marijuana patients,” said Attorney Christopher Glew. “It has the potential to end the prosecution of collectives that are attempting to follow the ambiguous laws.” The defendant, a founder of a medical marijuana collective, was charged with a sale of marijuana and possession of marijuana for sale. Christopher Glew, Esq, was the trial counsel in the first trial which resulted in a hung jury. During the retrial conducted by the Public Defender’s office, the court determined that the defendant was not entitled to a defense under the MMP. The second jury was unable to reach a verdict on count one and found defendant guilty on count two – possession of marijuana for sale. Attorney Christopher Glew appealed the verdict, and was awarded a reversal of judgment. The Court of Appeal 4th District, Division 3 found the defendant entitled to a defense under the MMP and determined the error in precluding the defense to be prejudicial. This holding will likely signal an end to the District Attorney’s policy of attempting to preclude patients from asserting their affirmative defense in medical cases. This case follows in the lineage of Colvin and Jackson. California Senate Bill 420, also called the Medical Marijuana Program, recognizes the right of qualified medical marijuana patients and caregivers to associate collectively or cooperatively to cultivate medical marijuana. It also was intended to protect patients and caregivers from arrest for transportation and other miscellaneous charges. Case reference number G048535 (Super. Ct. No. 10HF1852)
