Calif. Supreme Court rules in marijuana case

Monday, November 24, 2008

(11-24) 21:05 PST San Francisco, CA (AP) --

The California Supreme Court has reinstated the conviction of a Santa Cruz County man charged with marijuana possession.

The court said Monday Roger William Mentch did not qualify as a "primary caregiver," which under state law would have given him partial immunity for the possession and cultivation of marijuana.

In reversing an appeals court decision, the justices said someone who mainly supplies marijuana and instructs patients how to use it while otherwise only "sporadically" taking some of them to medical appointments is not a primary care giver.

Mentch was charged with cultivation and possession of marijuana for sale after authorities say they discovered an elaborate business with hundreds of marijuana plants at his home in 2003.

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