[420 Girl]

A person supplying marijuana to a patient that has approval to use it can be prosecuted for dealing drugs, according to California Supreme Court rule on Monday. The decision further narrows the options for medical marijuana users. In January, the court ruled employers could fire medical marijuana users who tested positive for the drug.

The case comes from the 2003 arrest of a Santa Cruz County man. Sheriff’s deputies arrested Roger Mentch, 53, after they found hundreds of marijuana plants in his home. Mentch told them that he was a medical marijuana patient and gave or sold some of his plants to other patients. He was charged with cultivation and possession and sentenced to three years probation, a decision he appealed on several points, including that jurors were not properly instructed about medical marijuana caregivers.

In 1996, California voters approved Proposition 215, giving ill people the right to use marijuana legally as long as they have a prescription from a doctor, but the law did not outline how medicinal marijuana could be distributed.

“Ideally, it (the ruling) won't have a tremendous effect. Patients will now increasingly get their medication through collectives and cooperatives,” said Joseph Elford, a lawyer for Americans for Safe Access, a pro-medical marijuana group.

Santa Cruz attorney Ben Rice, who is representing Mentch said the court ruling is unfortunate because it makes it harder for medicinal marijuana patients who have a valid medical recommendation to obtain pot.

“There's no direction in the law, no explanation as to how people are supposed to get their medicine if they can't grow it themselves. It's an unworkable situation,” Rice said.

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