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Ross v. Ragingwire Telecommunications, Inc. (2008) , Cal.4th
[No. S138130. Jan. 24, 2008.]
GARY ROSS, Plaintiff and Appellant, v. RAGINGWIRE TELECOMMUNICATIONS, INC., Defendant and Respondent.
(Superior Court of Sacramento County, No. 02AS05476, Joe S. Gray, Judge.)
(The Court of Appeal, Third Dist., No. C043392, 132 Cal.App.4th 590.)
(Opinion by Werdegar, J., with George, C.J., Baxter, J., Chin, J., and Corrigan, J., concurring. Concurring and dissenting opinion by Kennard, J., with Moreno, J., concurring.)
OPINION
WERDEGAR, J.-
The Compassionate Use Act of 1996 (Health & Saf. Code, § 11362.5, added by initiative, Prop. 215, as approved by voters, Gen. Elec. (Nov. 5, 1996)) gives a person who uses marijuana for medical purposes on a physician's recommendation a defense to certain state criminal charges involving the drug, including possession (Health & Saf. Code, § 11357; see id., § 11362.5, subd. (d)). Federal law, however, continues to prohibit the drug's possession, even by medical users. (21 U.S.C. §§ 812, 844(a)); see Gonzales v. Raich (2005) 545 U.S. 1, 26-29; United States v. Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483, 491-495.)
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