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View Full Version : No limits on medical pot, Calif. high court rules




torchbearer
01-21-2010, 06:03 PM
http://www.msnbc.msn.com/id/34978545/ns/health-health_care/

High court reverses mandate that patients can have maximum of 8 ounces

updated 2:24 p.m. CT, Thurs., Jan. 21, 2010
SAN FRANCISCO - A unanimous California Supreme Court on Thursday struck down a law that sought to impose limits on the amount of marijuana a medical patient can legally possess.

The California Supreme Court ruled that state lawmakers were wrong to change provisions of the voter-approved Proposition 215. The 1996 measure allowed for patients with a doctor's recommendation to possess an unspecified amount of marijuana.

The Legislature, seeking to give law enforcement guidance on when to make marijuana possession arrests, mandated in 2003 that each patient could have a maximum of 8 ounces of dried marijuana.

The high court says only voters can change amendments that they've added to California's constitution through the initiative process. The ruling by Chief Justice Ron George left in place the portion of the new law that protects patients possessing a state-issue medical marijuana identification card from arrest. George did note, though, that police were still authorized to make arrests if they believe the cards to be forgeries or reasonably suspects a crime has been committed.

Left open to interpretation: What amount of marijuana is for legitimate personal medical consumption and how much constitutes illegal trafficking?

"The California Supreme Court did the right thing by abolishing limits on medical marijuana possession and cultivation," said Joe Elford, the top lawyer for the marijuana advocacy group Americans for Safe Access. "At the same time, the Court may have left too much discretion to law enforcement in deciding what are reasonable amounts of medicine for patients to possess and cultivate."

The Supreme Court's decision upholds a lower court ruling that tossed out the conviction of Patrick Kelly, a Southern California man who was arrested for possession of 12 ounces of dried marijuana and seven plants. A "confidential informant" called Lakewood Police to report Kelly's possession in October 2005.

Experts testified that the amount of marijuana Kelly had on hand would last him just a few weeks for treatment of hepatitis C, chronic back pain, and cirrhosis.

The ruling was widely expected because the California Attorney General's office largely agreed with the position of Kelly's court-appointed attorney Gerald Uelman, a Santa Clara University law professor.

Also Thursday, the Washington State Supreme Court ruled that a doctor's permission to use medical marijuana doesn't preclude police from arresting a patient or searching a home. The court upheld the conviction of Jason Fry, a Stevens County man busted with 2 pounds of marijuana in 2004.

Justices said sheriff's officers who smelled marijuana smoke at his home had probable cause to believe a crime was committed — even after the man presented them with an authorization from his doctor.

Justice Richard Sanders disagreed, arguing that under the ruling, a patient could be searched, arrested and hauled to court every time an officer smelled marijuana at his or her home, even absent any evidence the patient is breaking the medical marijuana law.


Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

dannno
01-21-2010, 06:05 PM
Ya 8 ounces is a lot.. more than I'd ever normally carry anyway..


The California Supreme Court did the right thing by abolishing limits on medical marijuana possession and cultivation


Cultivation is the key. Now there are no limits on cultivation. This is GREAT news.

MurrayMe
01-21-2010, 06:06 PM
Cultivation is the key. Now there are no limits on cultivation. This is GREAT news.


I agree! I guess there's one good thing about California. ;)

dannno
01-21-2010, 06:08 PM
I agree! I guess there's one good thing about California. ;)

Yep, that and pointbreaks. Mmmmmm...pointbreaks....

surf
01-21-2010, 06:08 PM
Justice Richard Sanders disagreed, arguing that under the ruling, a patient could be searched, arrested and hauled to court every time an officer smelled marijuana at his or her home, even absent any evidence the patient is breaking the medical marijuana law.


Justice Sanders is like Ron Paul - the 1 vote often. He is regarded by many as the highest ranking elected libertarian in the country and we're lucky to have him.

MurrayMe
01-21-2010, 06:10 PM
Yep, that and pointbreaks. Mmmmmm...pointbreaks....

What is that? lol

surf
01-21-2010, 06:11 PM
Yep, that and pointbreaks. Mmmmmm...pointbreaks....

i like the one place w/a Waikiki like wave - San Onofre right in front of the tits (or nuclear power plant).

dannno
01-21-2010, 06:12 PM
There has been a lot of confusion over the cultivation limits here in CA.

Some counties have their own regulations that EXCEEDED the MINIMUM state requirement of 12 "immature" or 6 "mature" plants..

Counties like Mendocino instituted 10x10' max cultivation space with up to 99 plants.

Apparently, however, less than a year ago the 10x10' 99 plant rule became the standard for everyone.. but I had no idea where the legal authority for that rule came from, I could never figure it out.. but doctors and organizations were citing this limit on recommendations as the "new" limits.

No limits sounds a lot less confusing, I think.

dannno
01-21-2010, 06:13 PM
What is that? lol

Checkout this thread, I posted a bunch of vids throughout:

http://www.ronpaulforums.com/showthread.php?t=226864

dannno
01-21-2010, 06:19 PM
Justice Sanders is like Ron Paul - the 1 vote often. He is regarded by many as the highest ranking elected libertarian in the country and we're lucky to have him.

Hmm, that's pretty scary.

torchbearer
01-21-2010, 08:08 PM
There has been a lot of confusion over the cultivation limits here in CA.

Some counties have their own regulations that EXCEEDED the MINIMUM state requirement of 12 "immature" or 6 "mature" plants..

Counties like Mendocino instituted 10x10' max cultivation space with up to 99 plants.

Apparently, however, less than a year ago the 10x10' 99 plant rule became the standard for everyone.. but I had no idea where the legal authority for that rule came from, I could never figure it out.. but doctors and organizations were citing this limit on recommendations as the "new" limits.

No limits sounds a lot less confusing, I think.

so i'm assuming the judges ruling overturns all those limits?

squarepusher
01-21-2010, 08:19 PM
so i'm assuming the judges ruling overturns all those limits?

yes, it was for possession and cultivation that the limits were removed.

torchbearer
01-21-2010, 08:25 PM
yes, it was for possession and cultivation that the limits were removed.

now kick the DEA out of cali and things will be looking great.

squarepusher
01-21-2010, 08:27 PM
now kick the DEA out of cali and things will be looking great.

this. I am considering started a green business in California now, the time is right i believe.

torchbearer
01-21-2010, 08:29 PM
this. I am considering started a green business in California now, the time is right i believe.

I have good friends who live in San Fran. They work at Outback. The whole reason they moved their was for the liberty to toke.

Danke
01-21-2010, 10:48 PM
A "confidential informant" called Lakewood Police to report Kelly's possession in October 2005.



What an asshole.

squarepusher
01-21-2010, 10:55 PM
What an asshole.

that term is also used synonymous with "illegal warrant"