CA: State top court to review medical pot limit

The state Supreme Court returned to the medical marijuana wars Wednesday, agreeing to decide the validity of a law that shields doctor-approved pot users from arrest for possessing up to eight ounces of dried marijuana or growing six plants.

The justices voted unanimously to review the issue after a prosecution appeal of a lower-court ruling in May. In that ruling, an appellate court found the 2003 law conflicted with California's 1996 medical marijuana initiative, which allows possession of an amount of marijuana "reasonably related to the patient's current medical needs," but did not set specific limits.

The appellate panel overturned the conviction of a Los Angeles County man who possessed more than eight ounces of marijuana and ruled that the 1996 initiative bars the Legislature from specifying the amount a patient can possess.

The case has divided medical marijuana advocates, with some arguing that the court should have left some standards in place to guide police and protect patients.

The 1996 initiative, Proposition 215, allowed Californians to possess and cultivate marijuana for medical use with their doctor's approval. The court has interpreted Prop. 215 to provide broad protections for medical patients in criminal cases, but has not extended those protections to the workplace. Notwithstanding the law, the justices ruled in January that employers could fire workers who used medical marijuana away from the job, a ruling that advocates are trying to overturn in the Legislature.

Wednesday's case began in 2005, when officers in Los Angeles County searched Patrick Kelly's home and found seven plants in his back yard, 12 ounces of marijuana in plastic baggies, and a doctor's note saying he needed marijuana for hepatitis C, back problems and other ailments.

The prosecutor told jurors that Kelly was not a legitimate medical marijuana user because he exceeded the limits of the 2003 law. He was convicted of illegal possession and cultivation and sentenced to two days in jail and three years' probation.

The Second District Court of Appeal in Los Angeles overturned the conviction in May, agreeing with Kelly's lawyer that the 2003 law was invalid because it set limits that conflicted with Prop. 215, which does not specify the amount of marijuana a patient may possess for medical use.

But one advocacy group, Americans for Safe Access, argued that the 2003 law did not limit the amount of marijuana a patient could possess; it merely set guidelines for police. Striking down the law would eliminate a statewide standard that "protects qualified patients from unnecessary arrests," attorney Joseph Elford argued in court papers.

The American Civil Liberties Union offered a different interpretation: The eight-ounce limit and protection from arrest is an option that applies to the more than 18,000 patients who have obtained medical marijuana identification cards, also authorized by the 2003 law.

All patients remain covered by Prop. 215, which allows doctors to recommend greater amounts of marijuana and leaves local governments free to set higher limits, ACLU lawyer M. Allen Hopper said. San Francisco, for example, allows possession of up to 24 marijuana plants, he said.

Deputy Attorney General Michael Johnsen took a similar view, arguing that without the numerical standards, "law enforcement has no clear legislative guidance ... and medical marijuana patients have little incentive to volunteer for the cardholder program."

The Supreme Court has not set a hearing date.

The case is People vs. Kelly, S164830.
State top court to review medical pot limit

Good luck to all!

Have a good one!:jointsmile:

Cali is getting to really become a mess for MMJ. Every city and county seems to want to write its own law governing MMJ. They probably just need to go back to the prop 215 and leave it alone.

the problems in cali is nobody is holding the elected officials or police accountable for their actions. they just do what they want too with repurcussions. they are commiting criminal acts and getting away with it !!
they should have a long hard good look at oregon's mmj program as it is working!! its all about the money greedy basterds !!

I don't think there should be any limits. By limiting the planting of this herb, we foster the illegal market in it. Organized crime goes where the money is. Eliminate the profit and they find something else to do.

So a person grows 200 plants...after the first year, who will he sell to? And what price will he get after every granny has a couple of plants tucked away in the rose garden? Prices are going to drop like a lead balloon! :thumbsup:

Those people who use edibles, also may require more than those who vaporize or smoke. My husband gets far better pain relief from edibles.

In addition, there will be many who will wish to try Mr. Simpson's "Phoenix oil". More than 1 out of every 3 people will get cancer. (Do a search on "Run from the Cure"). To make the oil requires massive amounts of cannabis. To make a 2 to 3 month supply of "Phoenix Oil", you start with an almost full 5 gallon bucket of cannabis! A year's supply would take about 25 to 30 gallons of cannabis! I think that is a bit more than most folks get off their California legal "6 mature plants"!

Clearly, any limits on the number of cannabis plants should, if it must be limited, be between a patient and their doctor. Only a doctor can say if 6 plants, or 600 plants, are appropriate for any particular patient. Law enforcement should have no say in medical treatments, herbal or otherwise!

Granny:hippy:

Quote:

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Originally Posted by killerweed420

Cali is getting to really become a mess for MMJ. Every city and county seems to want to write its own law governing MMJ. They probably just need to go back to the prop 215 and leave it alone.

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I think a set state limit would be sufficient enough, I'm with you. There's a lot of confusion and mess because of variances in limits. I compare it to the fact that here in oklahoma marijuana has 'absolutely no medical value,' but a couple hundred miles away in colorado it has medical value.

Allowing people to possess and grow more marijuana just a few miles away across county lines makes no sense...

I see a few hurdles with these issues. One is that plant numbers don't really mean all that much when you consider that people can grow 1 plant with many pounds being harvested from it. My understanding of Placer county policy is that they refuse to set any limits and judge on a case by case basis. This is frightening to me because then it is up to the POLICE. We all know that they LOVE that.
The next issue is that if there are no limits set then the feds will do what they do which is something along the lines of arresting anyone they discover growing 100+ plants. OF course local law enforcement works closely with the feds and passes off to them cases that they cannot prosecute. So it is seems the Local boy police in a lot of counties are actually in agreement with the federal policies and do not follow the laws they are sworn to uphold. It is a mess. It is scary. If you grow, do not get comfortable, do think yourself immune just because you follow the law. Nobody is. Besy case scenario they take all your medicine and equipment and decide not to press charges.
Good luck freedom fighters!
:hippy:

ps. excuse the tone, as i just started the HBO miniseries "John Adams", and its good!