Underneath the appropriate court principles, the prosecutor appealed the district court dismissal to the Oakland Signal Court. In reversing her area court counter-part, Decide Anderson held that Judge Turner wrongly acted as a finder of truth in dismissing the case. Choose Anderson also asked if the pair could avail themselves of the MMA's affirmative defenses at all, because of their proposed failures to adhere to the provisions of the act; i.e. maintaining the container segregated and locked-up, and waiting until they acquired their cards from the Office of Neighborhood Health ahead of growing their pot.At enough time of the Madison Levels break, however, the pair can not have acquired marijuana cards as the DCH hadn't started issuing the cards. Up to now, almost 30,000 certifications have now been issued.

Inside their September 2010 opinion affirming Decide Martha Anderson, the Court of Appeals held that the MMA's affirmative defenses were open to defendants although they did not have their cards during the time their container was confiscated. The Judge of Speaks held against defendants, but, on the foundation that, at the time of the preliminary examination in district court, their affirmative protection beneath the MMA was incomplete and ergo created fact questions.

The Court found the following reality issues to be unresolved at the conclusion of the exam: the bona fides of the physician-patient relationship; whether the amount of marijuana found in the home was "reasonable" Diablo liquid incense
beneath the Behave; and if the marijuana was being employed by defendants for palliative applications, as required by the Act.

The best issue in regards to the Court of Appeals' Redden decision may be the scathing concurring opinion of Choose Chris D. O'Connell. Decide O'Connell wrote separately because he could have more narrowly designed the affirmative defenses for sale in the MMA, and because he wished to "elaborate" on a number of the normal discussion of the Behave collection forth in the briefs and at dental argument.Elaborate he did. Determine O'Connell's 30-page opinion first notes that the possession, distribution and manufacture of marijuana remains a federal offense and further records that Congress has expressly found the plant to own "no adequate medical uses."