People v. Urziceanu

Opinion

ROBIE, J.

Defendant Michael C. Urziceanu claims he created a legal cooperative, FloraCare, to grow and supply medical marijuana for himself as a patient qualified to use it under the Compassionate Use Act of 1996

1

and for other patients and primary caregivers who also qualify under the Compassionate Use Act. The People assert defendant and his codefendant, Susan B. Rodger,

2

were illegally cultivating and selling marijuana.

After trial, the jury acquitted defendant of cultivating marijuana, sale of marijuana, and being a felon in possession of ammunition. The jury, however, found him guilty of conspiracy to sell marijuana and being a felon in possession of a firearm and ammunition.

Defendant argues the recently enacted Medical Marijuana Program Act

3

supplies him with a defense. As to his conviction for conspiracy, defendant argues the court should have instructed the jury on the defenses of mistake of law and the vagueness of the Compassionate Use Act. He further contends the trial court erred in its ruling on his motion to suppress evidence obtained in violation of the knock-notice law.

As we shall demonstrate, the Compassionate Use Act, alone, does not authorize collective growing and distribution of marijuana by a group of qualified patients and caregivers. However, defendant’s mistake of law as to

[759]

whether that law provided him with a defense constitutes a defense to the charge of conspiracy to sell marijuana. The Medical Marijuana Program Act also provides defendant with a potential defense. Further, we conclude the trial court’s order on the search and seizure motion must be remanded for appropriate findings by the trial court. Thus, we shall reverse defendant’s conspiracy conviction and remand for a new trial on that count.

4