California v. BanianiAnnotate this Case
Defendant, a founding member of a medical marijuana cooperative, was charged with a sale of marijuana and possession of marijuana for sale. The first jury was unable to reach a verdict, splitting six to six on the sales charge and nine to three for not guilty on the possession for sale charge. Defendant was permitted a defense under the Medical Marijuana Program Act. On retrial, he was denied the defense. The second jury was still unable to reach a verdict on the sales charge, but convicted defendant of possessing marijuana for sale. Because the Court of Appeal found he was entitled to a defense under the MMPA and the error in precluding the defense was prejudicial, the Court reversed.