Recent Cases:

People v. Mower, 85 Cal. App. 5th 290 ( Cal. Ct. App. 2000), will soon be heard by the California Supreme Court. At issue is whether Prop. 215 provides defendants with an affirmative defense in court, or whether it protects patients from arrest and prosecution. A secondary issue is the permissible number of plants, as the defendant was arrested and convicted for cultivating 31 plants, more than the Tuolumne County limit of three plants per patient. The Court of Appeals has upheld his conviction.

Brief of the Appellant-Defendant

California NORML press release

California NORML amicus brief

Briefs & Motions:

Motion for Determination of Factual Innocence. People v. Malone, No. 97M-2529 (Municipal Ct. County of Shasta 1998).

Opposition to Plaintiff's Motion for Discovery of Medical Records. People v. McKee, No. 98-04184 (Superior Ct. County of Tulare 1998).

Request for Funds to Hire Expert Witness for Trial. People v. Norris, No. C-13844 (Superior Ct. County of Madera 1997).

Response to Plaintiff's Motion Objecting to Inclusion of Prop. 215 Defense. People v. Norris, No. C-13844 (Superior Ct. County of Madera 1997).

Motions to Dismiss:

Motion to Dismiss Indictment. People v. Baez, No. 204603 (Superior Ct. County of Santa Clara 1998).

Motion to Dismiss Complaint. People v. Martinez, No. MCR-276260( Municipal Ct. County of Somoma 1996).

Motion to Dismiss. People v. Gibson, No. 1647 (Superior Ct. County of Mariposa 1997).

Return of Property:

Motion for Return of Illegally Seized Property. People v. Malone, No. 97M-2529 (Municipal Ct. County of Shasta 1998).

Court Order for the Destruction of Court Records and Return of Property. People v. Malone, No. 97M-2529 (Municipal Ct. County of Shasta 1998).

Defendant's Reply Re Motion for Return of Illegally Seized Property. People v. Malone, No. 97M-2529 (Municipal Ct. County of Shasta 1998).

Plaintiff's Response to Motion for Return of Property. People v. Malone, No. 97M-2529 (Municipal Ct. County of Shasta 1998).

Other Resources:

National Organization for the Reform of Marijuana Laws (NORML) Brief Bank