What is the MMP cultivation defense?

Thus, the MMP cultivation defense requires a defendant to show (1) he or she is a member of a collective or cooperative, (2) the collective or cooperative is comprised of qualified patients who have been prescribed marijuana for medicinal purposes (and primary caregivers) and collectively associate to cultivate marijuana, and (3) the collective or cooperative is not a profit-making enterprise. (See People v. Jackson (2012) 210 Cal.App.4th 525, 529; People v. Baniani (2014) 229 Cal.App.4th 45, 59 (Baniani).

As we shall see, there was no evidence or argument to support a defense under section 11362.775.

2. Court's Instruction