California v. Young

Facts

A California Highway Patrol Officer, Rick La Groue, notice a green with an Oregon plate traveling in the opposite direction while on patrol. The car went to the right shoulder of the road and then returned onto the road. Officer La Groue drove toward the vehicle to investigate the matter. When he approached the vehicle, Officer La Groue notice Defendant was the sole occupant. Defendant stated he lived in Paynes Creeke California. The officer conducted a routine check on Defendant and asked Defendant if he had any drugs in the car. Defendant told him he had marijuana in a blue gift bag and handed it to the officer. The officer found a baggie of marijuana, a black container, rolling papers, a rolling device, matches, and sixteen burnt marijuana ends. Inside the black container, the officer found a smoking device, twenty-one hand rolled marijuana cigarettes, another burnt marijuana end, and small baggie containing marijuana. Further, the officer searched the vehicle and found another two gallon sized back with marijuana. Thereafter, Defendant handed Officer La Groue a “California Compassionate Use Act of 1996, Health & Safety Code § 11362.5, Physician’s Statement,” which was Dr. Tod H. Mikuriya’s authorization to use no more than ten plants of cannabis. Prosecution changed Defendant with transportation of marijuana, a felony drug trafficking offense. Defendant alleged that he believed his transportation of marijuana was lawful under the Compassionate Use Act. However, the trial court refused to instruct the jury on this claim and the jury found Defendant guilty.