August 28, 2013

Emptying the pipeline (almost): medical marijuana opinion filing tomorrow

Tomorrow, the Supreme Court will file its opinion in People v. Dowl, which raises the issue whether the People, when confronted with a medical marijuana defense, must call an expert with experience distinguishing lawful, medical possession from unlawful possession to establish that defendant possessed marijuana for sale.

Dowl was argued in June and is the last case to be decided from the court’s last calendar. The only other argued case without an opinion, we believe, is Sonic-Calabasas A, Inc. v. Moreno, in which the court resubmitted the case after post-argument supplemental briefing.

An opinion is due in Sonic-Calabasas by October 21. Next week, the court is scheduled to add six more cases to the pipeline when it hears its September calendar in San Francisco. But, other than an opinion in Sonic-Calabasas, after tomorrow there will likely be a lull in opinion filings that could last a month or two.

The Dowl opinion can be viewed online tomorrow beginning at 10:00 a.m.

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