kelly case (cali)

[subrob]

heard from a friend who is usually up on these things that yesterday the supreme court(cali) ruled plant #s unconstitutional! any info? cant seem to locate anything....

 

[TheMintMan]

Is this the case you're talking about? The quote in OP's sig.

http://www.icmag.com/ic/showthread.php?t=122453

 

[subrob]

i hope not! haha. but its possible. thanks for the tip though!

 

[Ocean Grown]

Legal Spaghetti but very IMPORTANT!!

Legal Spaghetti but very IMPORTANT!!

People v Kelly was sent back to review on 8/15/2008 and depublished by the court.

Phomphakdy is based on the Kelly opinion, so the exemption to SB420 that was struck down no longer can be cited in court till after the State Supreme Court reviews on v Kelly and Phomphakdy. Phomphakdy is basically rendered "inert" until the Kelly case's review is finished as the supporting argument used in the Phomphakdy case. However Phomphakdy isn't depublished, it's "under review" which also makes it essentially unusable for a defense till it's finished Judicial review. (see 2nd quoted section of this post). BTW, thanks FreedomFGHTR for making people aware of the legs being yanked from under Phomphakdy.


This was back on 8/15/08 regarding v. Kelly: (from ASA's Joe Elford, Chief Counsel)

*California Supreme Court Considers Medical Cannabis Again*
by Joseph Elford, ASA Chief Legal Counsel

Just as many would have thought that the SB 420 guidelines < http://www.safeaccessnow.org/article.php?list=type&type=186 > of 8 ounces and 12 immature or six mature plants were a dead letter --- a blessing for some a nightmare for others ---
the California Supreme Court granted review of People v. Kelly, < http://safeaccessnow.org/blog/?p=104 >which held that the SB 420 quantities are "limits" on the amount of marijuana a qualified patient may possess and, as such, constitute an unconstitutional amendment of a voter-approved initiative.
Another Court of Appeal agreed with People v. Kelly in People v. Phomphakdy < http://safeaccessnow.org/blog/?p=135 >, so it appeared that the SB 420 guidelines were done.

For some, this was a good thing, as many law enforcement officers applied the SB 420 quantities as limits on the amount of marijuana patients may possess and busted patients who had anymore than 8 ounces or six mature plants. For others, this was a potential nightmare, since police in some communities may well go back to busting patients who have as little as an ounce or one or two plants.

So, without taking any pleasure from the process, we filed a letter with the California Supreme Court requesting depublication of the Kelly decision. Although we agreed the result of the Kelly decision and love the fact that yet another court has sided with patients, we felt it was important for the California Supreme Court to hear our view --- that the SB 420 guidelines are thresholds, not ceilings. Patients should have a safe harbor and the Kelly decision, though well-intentioned, took that safe harbor away.

Yesterday (8-14-08), the California Supreme Court granted review of the Kelly decision, framing the issues as follows:

(1) does Health & Safety Code section 11362.77 violate the California Constitution by amending the Compassionate Use Act without voter approval?; and (2) were there alternative remedies to invalidating section 11362.77 in its entirety?

This bodes well for Mr. Kelly and the rest of us, as it appears that the Court will likely affirm the reversal of Mr. Kelly's convictions, while maintaining that the SB 420 guidelines are constitutional, at least as they apply only to patients with identification cards or if they are interpreted as thresholds. Meanwhile, the Kelly case is depublished and the SB 420 guidelines will remain in effect.

So it's a good time to keep your ducks in a row. Be safe.

Now this is from the Supreme Court as to the status of v Phomphakdy:

Supreme Court
Court data last updated: 05/23/2009 04:07 AM

Supreme Court Case: S166565
Court of Appeal Case(s): Third Appellate District, Case C056881
Case Caption: PEOPLE v. PHOMPHAKDY
Case Category: Review - Criminal Appeal
Start Date: 09/04/2008
Case Status: holding for lead case
Issues: Petition for review after the Court of Appeal reversed a judgment of conviction of criminal offenses. The court ordered briefing deferred pending decision in People v. Kelly (S164830), which presents the following issues: (1) Does Health & Safety Code section 11362.77 violate the California Constitution by amending the Compassionate Use Act without voter approval? (2) Were there alternative remedies to striking section 11362.77 in its entirety?

Case Citation: none

Cross Referenced Cases S164830 PEOPLE v. KELLY

P.S. There isn't a date for when this will finish review but it is likely not to be till spring 2010.

If you want to get email updates on this case or see the Courts' Info on it:

http://appellatecases.courtinfo.ca....reen.cfm?dist=0&doc_id=1898243&doc_no=S166565

 

[subrob]

o.g.--much thanks for the info!

 

[FreedomFGHTR]

Wait it was ASA that asked to have Kelly depublished! WTF! Arghhh.

Thank you once again Ocean Grown.

So MPP, and NORML are lobbying for legalization in exchange for excise taxes, and ASA while a pretty cool organization too is having favorable case law depublished. It's actually disheartening to see that we are so close to the goal of liberating Cannabis and now the groups that havew done so much to help us get this far are jumping at the prospect of easy victory with taxes without realizing they are still making the plant a slave to the laws of man. Such a shame that this case is depublished around the same time the US Supreme Court gave a pro mmj decision by denying review of the San Diego/San Bernadino cases. Guess nobody is perfect though.

 

[JackTheGrower]

Oh I get it now..

That there should be one standard for all not a different standard in every city.

6 mature, 12 immature and 8 oz on hand as a minimum sounds good to me.

I have been pondering how to keep clones.. I think I like the idea that I can have say 50 immature clone varieties on hand to select from and to share with others...


Jack

 

[headimonster]

^^^ just ask your doctor what he can do...as far as recommending a higher amount of medicine for YOUR needs....if you eat Raw Cannabis you may need around two pounds a day....

 

[Blue Dot]

^^^ just ask your doctor what he can do...as far as recommending a higher amount of medicine for YOUR needs....if you eat Raw Cannabis you may need around two pounds a day....

I thought pot had to be heated (decarboxylated) first in order for the THC to become active.

Anyway, who the hell eats 2 lbs a day?

 

[headimonster]

....THC is not the only active ingredient that is beneficial to the human body....CBDs are in fresh cannabis, therefore eating the raw leaves in salads and smoothies is actually more medicinal and has better healing properties when it is in it's RAW, VEGATATIVE state.... - - -

 

[Danknuggler]

Thanks for the heads up guys on this legal stuff.Hey headymonster I have tendonitis thats getting pretty bad in my elbow and is starting to actually swell up and hinder movement, do you think eating raw herb may help this inflamation I've been getting lately? I smoke daily but it doesnt seem to do anything for my swelling and tightness. thanks, nuggler

 

[Danknuggler]

Hey FREEDOMFGHTR I'd like to talk to you if possible about some things youve posted.Can you PM me or something?

 

[bterzz]

Thanks for the heads up guys on this legal stuff.Hey headymonster I have tendonitis thats getting pretty bad in my elbow and is starting to actually swell up and hinder movement, do you think eating raw herb may help this inflamation I've been getting lately? I smoke daily but it doesnt seem to do anything for my swelling and tightness. thanks, nuggler

Dont eat raw herb, if you can make some oil/butter and cook with it. Goodluck with your condition, tendonitis is a BITCH.

 

[headimonster]

Thanks for the heads up guys on this legal stuff.Hey headymonster I have tendonitis thats getting pretty bad in my elbow and is starting to actually swell up and hinder movement, do you think eating raw herb may help this inflamation I've been getting lately? I smoke daily but it doesnt seem to do anything for my swelling and tightness. thanks, nuggler

YES ABSO LUTELY!!! - - - - - i wish i had a scanner i would scan the documents given to me by my doctor about eating RAW GREEN LEAF Cannabis...it has super healing properties, especially for inflamation, i have a messed up elbow as well - after digging for a while, or lifting weights i can barely move my right arm to type, i eat some raw vegatative green leaf from cannabis and in days the swelling goes down and i start to feel better, cooking with it actaully turns the CBDs into THC....for healing properties and anti-inflammation we want CBDs as they bind to fat cells and heal- so before everyone starts to claim eating raw cannabis will only get you high..., thats why i say RAW.....LEAF, not bud, the fan leaves have high concentrations of CBDs in Veg. State....so go have fun in ur garden open up some new bud sites and get healthy while you do it

 

[bushmasta]

Would you be able to pass a drug test if you ate raw fan leaves in salad? Got a friend with some pains that gets tested randomly by his job.

 

[headimonster]

i would think so - the content of thc is so minimal plus ur not activating the THC any way because ur not HEating it...

 

[Pops]

YES ABSO LUTELY!!! - - - - - i wish i had a scanner i would scan the documents given to me by my doctor about eating RAW GREEN LEAF Cannabis...it has super healing properties, especially for inflamation, i have a messed up elbow as well - after digging for a while, or lifting weights i can barely move my right arm to type, i eat some raw vegatative green leaf from cannabis and in days the swelling goes down and i start to feel better, cooking with it actaully turns the CBDs into THC....for healing properties and anti-inflammation we want CBDs as they bind to fat cells and heal- so before everyone starts to claim eating raw cannabis will only get you high..., thats why i say RAW.....LEAF, not bud, the fan leaves have high concentrations of CBDs in Veg. State....so go have fun in ur garden open up some new bud sites and get healthy while you do it

Not sure where you got this info, but much of it is wrong. Very few drug strains in the U.S. contain over .1% CBD. CBD is an anti-inflammatory, but is not present in most drug strains. CBC(cannabichromene) however,is present in the leaves of young cannabis plants and is also an anti-inflammatory. Oil of cannabis also contains anywhere from 8-35% of beta carophyllene(a dietary cannabinoid) which is also a powerfull anti-inflammatory.

THC exists in the plants mainly as THC carbocylic acid(THC-COOH). The enzymatic condensation of geranyl pyrophosphate and olivetolic acid gives cannabigerolic acid(CBGA), which is cyclized by the enzyme THC acid synthase to give THC-COOH. heating decarboxylates the acid to THC. This is metabolized mainly to 11 OH THc(11 hydroxy THC) by the human body(stomach). It is further oxidized in the liver to 11-nor-9-carboxy THC,which is several times stronger than delta 9 THC.

Your statement that fan leaves contain high amounts of CBD is incorrect. In several strains, young leaves contain high amounts of CBC not CBD. Both CBC and beta carophyllene are probably responsible for the anti-infammatory effects, as CBD is only present in hemp and land race drug strains that have not had the CBD bred out.

Sorry to interrupt the original thread. I wish that they had just left the Kelly decision alone. It was obviously a good decision and I don't know why ASA wanted to fuck with it.

 

[FreedomFGHTR]

Just so you know not only has ASA asked to have case law that is favorable to us depublished now one of their chapter heads are trying to get dispensary moratoriums passed. Here is a local news video that aired during the dinner time news proving that. http://cbs13.com/video/?id=54471
Please contact ASA at 888.929.4367 or [email protected] and let them know how you feel about their current actions that limit safe access and help to keep the price of cannabis for patients inflated by having kelly and phompkhady depublished which limits the supply of cannabis.

 

[headimonster]

Not sure where you got this info, but much of it is wrong. Very few drug strains in the U.S. contain over .1% CBD. CBD is an anti-inflammatory, but is not present in most drug strains. CBC(cannabichromene) however,is present in the leaves of young cannabis plants and is also an anti-inflammatory. Oil of cannabis also contains anywhere from 8-35% of beta carophyllene(a dietary cannabinoid) which is also a powerfull anti-inflammatory.

THC exists in the plants mainly as THC carbocylic acid(THC-COOH). The enzymatic condensation of geranyl pyrophosphate and olivetolic acid gives cannabigerolic acid(CBGA), which is cyclized by the enzyme THC acid synthase to give THC-COOH. heating decarboxylates the acid to THC. This is metabolized mainly to 11 OH THc(11 hydroxy THC) by the human body(stomach). It is further oxidized in the liver to 11-nor-9-carboxy THC,which is several times stronger than delta 9 THC.

Your statement that fan leaves contain high amounts of CBD is incorrect. In several strains, young leaves contain high amounts of CBC not CBD. Both CBC and beta carophyllene are probably responsible for the anti-infammatory effects, as CBD is only present in hemp and land race drug strains that have not had the CBD bred out.

Sorry to interrupt the original thread. I wish that they had just left the Kelly decision alone. It was obviously a good decision and I don't know why ASA wanted to fuck with it.

right on sorry for spreading misinformation, and thanx for correcting - i was just told the info thru my doctor

 

[Blue Dot]

Would you be able to pass a drug test if you ate raw fan leaves in salad? Got a friend with some pains that gets tested randomly by his job.

Those test don't actually test for THC or CBD, etc, but rather for the metabolites of those compounds.

I assume your body metabolizes raw cannabis but I'm not sure it could metabolize the THC if it hadn't been decarboxylated first.

Interesting question.