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40 W. St. U. L. Rev. 135 (2012-2013)
The Hazy Cloud Engulfing Cultivation, Possession, and Transportation of Aggregate Amounts of Collectively Cultivated Medical Marijuana Pursuant to California Health and Safety Code Section 11362.775

handle is hein.journals/wsulr40 and id is 143 raw text is: The Hazy Cloud Engulfing Cultivation, Possession, and Transportation of Aggregate Amounts of Collectively Cultivated Medical Marijuana Pursuant to California Health and Safety Code Section 11362.775 Jared Willis* I. GUIDANCE IS NECESSARY TO ENSURE THAT MEDICAL MARIJUANA IS LAWFULLY TRANSPORTED.................................. ......... 136 11. TRANSPORTATION OF MARIJUANA GENERALLY ........................ 138 III. THE CUA DOES NOT EXPRESSLY EXEMPT TRANSPORTATION .......... 139 IV. TRIPPET AND WRIGHT RECOGNIZED THAT THE CUA AFFORDS AN IMPLIED TRANSPORTATION EXEMPTION ............................... 140 V. COLLECTIVE CULTIVATION DEFINED ........................ ......... 141 VI. THE EXPRESS TRANSPORTATION EXEMPTIONS PROVIDED BY THE MMP HAVE BEEN INTERPRETED NARROWLY SUCH THAT THE ONLY LIKELY APPLICABLE EXPRESS EXEMPTION IS IDENTICAL TO THE WRIGHT / WAYMAN RULE WHICH ALLOWS TRANSPORTATION FOR PERSONAL USE ....................................... 143 VII. THE PERSONS AND ACTIONS THAT CALIFORNIA HEALTH & SAFETY CODE SECTION 11362.765 APPLIES TO ............................... 144 VIII. COLLECTIVE TRANSPORTATION ...................................... 146 IX. PROBLEMS POSED BY A REQUIREMENT THAT MEDICAL MARIJUANA BE DISPENSED AT A CULTIVATION SITE ................................. 148 X. ATTORNEY GENERAL'S GUIDELINES FOR LAWFUL COLLECTIVE TRANSPORTATION.......................................... ......... 149 XI. TRANSPORTATION CONCLUSION ...................................... 149 XII. THE MEDICAL MARIJUANA REGULATION AND CONTROL ACT PROPOSED A CHANGE TO CALIFORNIA HEALTH & SAFETY CODE SECTION 11362.775 ......................................................... 15 1 XIII. HOLES IN THE PATCHWORK; A SUMMARY OF THE RELEVANT PROBLEMS CREATED BY THE CUA, THE MMP, AND CASE LAW.................. 154 XIV. IN THE VACUUM LEFT BEHIND BY KELLY, BRIGHT LINE RULES ARE NEEDED FOR PATIENTS, COLLECTIVES, AND LAW ENFORCEMENT ....... .155 * The author is a Juris Doctor Candidate, May, 2013, at Western State College of Law; the 2012-2013 Marketing Editor of the WSU Law Review; the 2012-2013 President of the WSU chapters of both the Young Americans for Liberty and the Federalist Society; and the author of Place Doesn't Apply to My Place; the California Home is Sui Generis Because Medical Marijuana is Not Contraband and Indiscriminate Residential Dog Sniffs Invade a Patient's Legitimate Expectation of Privacy, 39 W. ST. U. L. REV. 187 (criticizing the use of drug detection canines in residential settings in light of California's medical marijuana laws). I would like to thank those who helped to edit this article, including Kyle Roybal and Anastasiya Melentyeva.