Upon executing a search warrant for the home of Chanh Phomphakdy, police found several marijuana plants, as well as several containers containing some nine and a half pounds of marijuana. They found no pay-owe sheets, scales, large amounts of money, cell phones, pagers, police scanners, or firearms. They also did not find any pipes or “bongs.” Posted on the living room wall was a medical marijuana recommendation issued to Phomphakdy.
Phomphakdy was charged with cultivating marijuana and possessing that same marijuana for sale. He was tried before a jury. Phomphakdy offered a medical marijuana defense. Over objection by both parties, the court instructed the jury pursuant to both the Compassionate Use Act of 1996 and the Medical Marijuana Program Act (MMPA).
