P. v. Caruana CA3
A jury found defendant Myk Caruana guilty of transporting marijuana (Health & Saf. Code § 11360, subd. (a)) and not guilty of cultivating marijuana (§ 11358). At least with respect to the transportation offense, the jury rejected Caruana’s defense based on the Medical Marijuana Program Act (MMPA) (§ 11362.7 et seq.). The trial court suspended imposition of sentence and placed Caruana on three years’ formal probation.
On appeal, Caruana contends, inter alia, that his conviction for transportation of marijuana must be reversed because the 2015 amendment to section 11360 makes transportation for sale an element of the crime, and the jury made no such finding here. We agree and shall reverse the judgment and remand for possible retrial.
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