Calif. High Court Hears Case On Medical Pot Limits

[FreedomFGHTR]

I told you so...

The California Supreme Court, at a special session in Berkeley on Tuesday, appeared likely to strike down a state law that sets an 8-ounce limit on the amount of medical marijuana a patient can possess at one time.

The court found itself in the unusual position of having a prosecutor and a defense attorney in a criminal case agree it would be unconstitutional to prosecute genuine patients for violating the limit.

Deputy California Attorney General Michael Johnsen told the court, "We are basically on the same path."

Johnsen, representing prosecutors, and Santa Clara University law professor Gerald Uelmen, representing a medical marijuana patient, both said the limit set by the Legislature in 2003 is an unconstitutional amendment of the state's voter-approved Compassionate Use Act of 1996.

Their only disagreement was in how the court should go about invalidating the limit procedurally and whether the panel should explicitly uphold another part of the 2003 law that sets up an identification card program.

The hearing on the appeal by Patrick Kelly of Los Angeles County of his marijuana possession conviction was part of an outreach session held by the court at the School of Law at the University of California at Berkeley.

Source: http://cbs5.com/local/medical.marijuana.case.2.1290320.html

 

[Lazyman]

You sure did tell us FF, good lookin out!

 

[pugnacious]

So...

Does that mean we can start packing more than 8 zips?

 

[karmasabitch]

still sux 4 us here in NY

 

[FreedomFGHTR]

still sux 4 us here in NY

Then do what we did back in 1996 in California and force the state to make it legal.

This was by decree of the people that we are this far along.

 

[FrankRizzo]

So is this the type of thing where it will be months before they hand down a ruling?

 

[GilligansIsle]

I think they have 90 days...

 

[theJointedOne]

thanks FF. That is great news. I wonder if it will strike down the 6/12 law as well. I know more thana few patients that NEED to have more than 6 mature to have enough medicine for the year..

nice post

 

[humboldtlocal]

Great news and another step in the right direction.

 

[zenoonez]

Great news and another step in the right direction.

Looks like you might be purchasing a quite a few more of those trimmers and be planting fields next year

 

[humboldtlocal]

You are correct.

 

[zenoonez]

You are correct.

Looking for some hands to help tend those fields? Lol. Could be a great year for you man. Hopefully when the decision comes down in writing it will be as good as it sounds.

 

[NorCalFor20]

everytime FreedomFGHTR says "told ya so" i feel warm and fuzzy inside hahaha

 

[farmerred]

The part about plant limits seems like the real issue that the court wished to downplay. It would effectively solve the issue of limited supply to patients and dispensaries. Buh bye criminal behavior and violent "cartel" presence. When the number of criminals gets small enough due to changes in the law, the enforcers of those laws will be able to do their fucking job.

 

[SKUNK420]

Then do what we did back in 1996 in California and force the state to make it legal.

This was by decree of the people that we are this far along.

+1

 

[pong]

this is wonderful news!

 

[Norkali]

Freedom - you hear that? ...it's all the naysayers eating their words.

Thanks for the update! Seriously, you are a true freedom fighter; much respect man!

 

[Skip]

Don't want to worry about possession limits? Then LEGALIZE IT!

 

[bbing]

Cheers to those bold enough to tell us this (sb420 unconstitutional). My Rec Dr. explained it to me when i asked for higher plant ct on rec.