Tag Archives: CC 2361

Small Amount of Controlled Substance Relevant to Knowledge
November 16th, 2015

CC 2376 defines usable amount as an amount in a quantity sufficient to be used as a controlled substance, claiming that there is no requirement that the amount be enough to affect the user. However, the California Supreme Court has made it clear that a very small amount of a controlled substance is relevant to […]

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Marijuana Distribution: Minimal Movement as Defense Theory
November 13th, 2015

CC 2361 defines the term “transports” as carrying or moving an item from one location to another, even if the distance is short. However, minimal movement that does not facilitate use or trafficking does not qualify as transportation. The requirement of volitional transport of methamphetamine from one location to another avoids any unwarranted extension of […]

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Transporting Marijuana: Compassionate Use Act (CUA) Defense
September 30th, 2014

  CC 2361 sets forth criteria that must be satisfied for the defense to apply, including whether “the method, timing and distance of the transportation were reasonably related to the patient’s current medical needs. These criteria are derived from a test developed by the Court of Appeal in People v. Trippet (1997) 56 Cal. App. […]

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