Court says NO to limits in Cali!!!

[Rainman]

http://cbs13.com/local/Medical.marijuana.amounts.2.1440485.html



A unanimous California Supreme Court has 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 Thursday 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.



Thats Whats UP!!!

 

[Cranberry]

bump

 

[Barnt]

No more plant limits too! I wonder if other portions of SB 420 have been abolished as well. I'm pretty sure the whole renewing your doctors note wasn't in prop 215, and for those of us that don't need to go to the clubs...saving $150 is nice. Sucks how quantity is up to opinion though, kinda hard with varying needs. I guess this is why it should be legal for all and then no one is a criminal.


"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."

 

[kmk420kali]

No more plant limits too! I wonder if other portions of SB 420 have been abolished as well. I'm pretty sure the whole renewing your doctors note wasn't in prop 215, and for those of us that don't need to go to the clubs...saving $150 is nice. Sucks how quantity is up to opinion though, kinda hard with varying needs. I guess this is why it should be legal for all and then no one is a criminal.


"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."

Here is some info for ya--

Thus, because Dr. Eidleman’s recommendation was
more than three years old, it “had clearly expired.” The Attorney General argues “it was
only at the hearing in January 2006 that the doctor testified appellant’s condition
appropriately called for possession of three to six pounds. Thus, appellant did not present
any evidence regarding the amount of marijuana he required to satisfy his medical need
in December 2004, when he was arrested.” (Citation omitted.) We disagree with the
Attorney General’s analysis.
Based on our examination of the CUA, we see nothing in the statute that requires a
patient to periodically renew a doctor’s recommendation regarding medical marijuana
use. The statute does not provide, as the Attorney General asserts, that a
recommendation “expires” after a certain period of time. As for Dr. Eidleman’s
suggestion that appellant see him annually, there was no evidence appellant’s failure to
do so invalidated the doctor’s medical marijuana recommendation. Moreover, the
evidence appellant presented was sufficient to present to the jury the question whether the
marijuana he possessed was for his personal medical needs.

http://www.courtinfo.ca.gov/opinions/archive/B196483.PDF

 

[PharmaCan]

Just a day or two before this decision was handed down, I got an email from the clinic I get my rec from. The ad detailed their new, lower prices.

New Patients - $110
Renewals - $89
Garden Extensions - $75
...then some other misc. svc's

What I found interesting was the "garden extensions". Apparently they've seen the writing on the wall and are prepared to provide the paperwork one needs to be able to tell LEO to FOAD!

I was waiting for the Kelly decision to see what happened, but now I'm going to go in next week and get me an official garden extension.

PC

 

[HerbGlaze]

This is great news, also was on the front of my local newspaper.

 

[Rainman]

Great news and a great push for complete legalization. Sure is quiet around here without all the doomsdayers shouting about the Prez and politicians screwing up the MMJ scene.

 

[Grendelkhan]

Just so everyone is clear on this. If you think that a script is going now going to allow you to grow 100's of plants, your crazy. Remember that the feds still don't even allow medical weed. This means if the Feds want too they can come and throw your ass into a deep dark hole for just one plant! Now having said that I know that if you keep it below 100 plants and you have a script then the feds most likely won't mess with you. This ruling is nice but it DOES NOT mean that you can just go nuts and not have to worry about it. Also more scripts doesn't mean jack. You can caretake for people and have 20 scripts all up to date and your wanting to avoid the Feds, you should then keep less than a 100 plants. Period.
Now having said all this I am positive that many people are going to go nuts. Good luck to you all and hope for no wammies!
Peace.
Gkhan.

 

[Barnt]

No nuts for me thanks

I just want to keep my personal grow legal without going to he quak every year. And the 6/12 plant limit was so BS. Each of my plants put out an oz if I'm lucky. No comparison to someone growing in their backyard that vegged indoors beginning in January. As you guys know, if done right, one plant can pull in lbs...That is how it should be determined excessive. If you have 6 plants that all have 3lbs on them, you're commercial. But even then, who cares; it should be 100% legal.

 

[yesum]

So I do not have to renew my card now? Or is this ruling just a prelim to a law that makes that a legal reality?

A caretaker is limited to 12 plants or not? I am limited to 6 veg and 6 flowering or 12 of any mix of veg or flower?

 

[REDEYE_420]

HELL YEAAAAAH!

HELL YEAAAAAH!

A unanimous California Supreme Court has struck down a law that sought to impose limits on the amount of marijuana a medical patient can legally possess.
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.
Thats Whats UP!!!

GOOD NEWS from the Cali Supreme Court! 8 oz! I would be classed as a dealer with that much in my possession in England. I wanna move to Cali Cali! Sun, Sea, sand, medi sour deez and beautiful Cali women

Peace. REDEYE

 

[PistilPete]

.... and the rolling blackouts begin in 5...4...3..

Congrats guys/gals of Cali.

 

[JackTheGrower]

Just a day or two before this decision was handed down, I got an email from the clinic I get my rec from. The ad detailed their new, lower prices.

New Patients - $110
Renewals - $89
Garden Extensions - $75
...then some other misc. svc's

What I found interesting was the "garden extensions". Apparently they've seen the writing on the wall and are prepared to provide the paperwork one needs to be able to tell LEO to FOAD!

I was waiting for the Kelly decision to see what happened, but now I'm going to go in next week and get me an official garden extension.

PC

OMG! Garden Extensions? $75??? How fucked up is this getting?