top
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Thu May 22 2008 (Updated 08/05/08)
State Limits for Possession and Cultivation of Medical Cannabis Ruled Unconstitutional
Thu May 22 2008 (Updated 08/05/08)
California Court Says that Since Voters Didn't Determine Limits, Section of Law Not Legal
On May 22nd in Los Angeles, the California Court of Appeals ruled that the state limits on medical marijuana possession and cultivation that were established under state law SB 420 are unconstitutional. In the case People v. Patrick Kelly, the court overturned the defendant's conviction for possessing 12 ounces of dried marijuana plants on the grounds that the prosecutor had improperly argued that the defendant was guilty because he possessed more than the 8-ounce limit established in Health & Safety Code Section 11362.77 and did not have a doctor's recommendation that authorized more. That section also says that counties and cities can enact medical marijuana guidelines that allow patients or caregivers to exceed the state limits.

In its 3-0 decision, the court ruled: "The prosecutor's argument was improper... because the CUA [Compassionate Use Act] can only be amended with voters' approval. Voters, however, did not approve the eight-ounce limit and other caps in section 11362.77; hence, section 11362.77 unconstitutionally amends the CUA." The decision could be appealed to the Supreme Court. Prop. 215 advocates such as California NORML have long believed that the SB 420 limits are unconstitutional. Statement from California NORML

Text of Court of Appeals decision in People v. Patrick Kelly | Text of SB 420 | Text of Proposition 215
06/22/17 NoCARA Highlights the Local Racists Targeting Anti-Fascists Online and in the Courthouse Police State and Prisons | Racial Justice | Global Justice and Anti-Capitalism | East Bay | North Bay / Marin06/20/17 Independent Audit Sought to Resolve Secretive Selection Process for Dem Party Chair Front Page | California | Government & Elections06/05/17 “Oil Money Out, People Power In” March and Rally in Sacramento Front Page | Environment & Forest Defense | Racial Justice | Central Valley | California | Government & Elections06/04/17 Once A Snitch, Always a Snitch: Andrew Clark Darst Ironically Protests His Lack of Privacy Front Page | Police State and Prisons | Global Justice and Anti-Capitalism | U.S.06/01/17 Palestinian Hunger Strike Officially Suspended After Reaching An Agreement Front Page | Police State and Prisons | International | Palestine05/30/17 Artists Project Call for Trump Impeachment at Coliseum, Get Handcuffed by Security Front Page | Police State and Prisons | Arts + Action | East Bay | Government & Elections05/25/17 Prisoners Protest Inhumane Conditions in Segregation Units with Hunger Strike Front Page | Police State and Prisons | Health, Housing, and Public Services | Central Valley | California05/22/17 Effort Underway to Stop Neo-Nazi Band The Highway Murderers from Performing in San José Front Page | Racial Justice | Arts + Action | South Bay | Santa Cruz Indymedia05/22/17 Santa Cruz County Sheriff Jim Hart Collaborates with ICE, Refuses to Change Policy Front Page | Police State and Prisons | U.S. | Government & Elections | Immigrant Rights | Santa Cruz Indymedia05/20/17 Report Details Racial Bias in California’s Traffic Court System, Bills Address Disparities Front Page | Police State and Prisons | Racial Justice | Central Valley | San Francisco | California | U.S. | Government & Elections05/17/17 Section 8 Vouchers Help The Poor — But Only If Housing Is Available Front Page | Racial Justice | Health, Housing, and Public Services | Labor & Workers | Global Justice and Anti-Capitalism | Womyn | U.S. | Government & Elections
Related Categories: California | Drug War | Front Page
Placerville Food Coop Workers Need Your Help! Resist Workplace Bullies Monday Jun 19th 3:05 PM
Was CA Dem Party Chair Chosen by Tweet? Kimberly Ellis demands Audit Joel Block (1 comment) Monday Jun 12th 5:36 PM
Folsom Hunger Strike: Solidarity Rally Reportback Burn the Plantations (1 comment) Friday Jun 9th 3:33 PM
Nuclear Shutdown News May 2017 Michael Steinberg Sunday May 28th 4:10 PM
From Memorial Day to Juneteenth ~ Honoring US Colored Troops in the Civil War Khubaka, Michael Harris (1 comment) Sunday May 28th 7:18 AM
Hunger Strike Begins at Old Folsom State Prison Inmates (1 comment) Thursday May 25th 11:13 PM
More Local News...
[ × close ]
California’s Attorney General Asks EPA to Ban Brain-Harming Pesticide Safe Ag Safe Schools/Lucia Calderon Wednesday Jun 7th 10:43 AM
Trump Resurrects Controversial Fracking Project Save the Sespe Monday May 8th 9:47 PM
San Diego "strike force" still heading to Korea Michael Steinberg Wednesday Apr 26th 8:01 PM
San Diego warships leading charge against North Korea Michael Steinberg Saturday Apr 15th 4:26 PM
Lawsuit Targets Trump's Border Wall, Enforcement Program Center for Biological Diversity Wednesday Apr 12th 2:13 PM
Governor Brown’s “Resistance” Fails to Protect California Communities via Californians Against Fracking Saturday Apr 8th 5:09 PM
Nuke Shutdown News March 2017 Michael Steinberg Saturday Apr 1st 4:25 PM
San Quintín Farmworkers Take Demands to Mexico City El Enemigo Común Monday Mar 27th 2:14 PM
Jornaleros de San Quintín llevan demandas a la Ciudad de México El Enemigo Común Monday Mar 27th 2:10 PM
More Global News...
[ × close ]
African New Year's Day ~ Sacred Summer Solstice Celebration Khubaka, Michael Harris (1 comment) Tuesday May 23rd 2:04 PM
Sen Fenistein Supported by Health Insurers; Opposes Medicare for All Register Peace & Freedom or Green Tuesday May 2nd 8:38 PM
California bill to eliminate bail system clears first hurdle Katy Murphy, Mercury News (1 comment) Thursday Apr 6th 11:10 AM
Californians Against Fracking Responds to EPA’s Methane Regulation Announcement via Californians Against Fracking Friday Mar 17th 6:01 PM
Art of War : Executive Order K. Larmee Saturday Feb 18th 11:06 PM
Open Newswire...
[ × close ]