A state appeals court has upheld a lower court ruling that Proposition 215 does not grant a medical marijuana grower immunity from prosecution. A pot grower could be running afoul of the law if he or she does not have a doctor´s recommendation or does not qualify as a primary caregiver.
The case at issue is that of Robert Michael Galambos, a man arrested in 1997 by Calaveras County sheriff´s deputies. He was charged with one count of marijuana cultivation and one of possession of marijuana for sale.
Galambos used marijuana as a treatment for ailments resulting from an automobile accident and sought to distribute it to a medical marijuana club.
The Third Appellate District court sided with the lower court in ruling that Galambos did not meet requirements for medical necessity.