Cali courts are in disarray because of supreme court ruling.

[Neo 420]

Police in a northern California town thought they had a couple dead to rights when they seized more than two pounds of marijuana from their home, even though doctors authorized the pair to use pot for medical purposes.

San Francisco police believed they had a similar open-and-shut case with a father and son team they suspected of abusing the state's medical marijuana law by allegedly operating an illegal trafficking operation.

But both cases were tossed out along with many other marijuana possession cases in recent weeks because of a California Supreme Court ruling that has police, prosecutors and defense attorneys scrambling to make sense of a gray legal area: What is the maximum amount of cannabis a medical marijuana patient can possess?

No one can say for sure how many dismissals and acquittals have been prompted by the ruling, but the numbers are stacking up since the Supreme Court on Jan. 21 tossed out Patrick Kelly's marijuana possession conviction.

The high court struck down a 7-year-old state law that imposed an 8-ounce limit on the amount of pot medical users of marijuana could possess. The court said patients are entitled to a "reasonable" amount of the drug to treat their ailments.

Law enforcement officials say the ruling has made the murky legal landscape of marijuana policy in California even more challenging to enforce.

Since California voters legalized medical marijuana in 1996, there has been tension between local law enforcement officials and federal authorities, who view marijuana as absolutely illegal.

That tension is expected to become even more pronounced if the state's voters approve a November ballot measure legalizing possession of small amounts of marijuana.

"The way the law is now it puts law enforcement between a rock and a hard place," said Martin J. Mayer, a lawyer who represents California State Sheriff's Association, California Police Chief's Association and California Peace Officers' Association. "The measure, if it passes, will make it even more difficult. They just don't like being in the middle."

Prosecutors are backing away from some cases filed before the court ruling.

I think everyone is crying out for a clear line."

Benito cited the Supreme Court ruling in dropping charges on March 5 against James Bradley Hall, who was arrested in October and charged with growing 40 marijuana plants.
The next week, a San Francisco jury acquitted a father and son charged with growing three dozen plants. The lawyers for Thomas Chang, 62, and his son, Errol Chang, 30, based their defense on the Kelly case, arguing that the men needed that much pot to treat their medical conditions.

In Vacaville, located between San Francisco and Sacramento, prosecutors in February dropped their two-year pursuit of Johanna and Joe Azevedo, a husband and wife charged with possessing about two pounds of marijuana. Both sides agreed to put the Azevedo case on hold until the Supreme Court decided the Kelly case.

"Fighting this pretty well drained what little money we had," Johanna Azevedo said of her legal fight with Solano County prosecutors. "But it was a very happy day when the Kelly case was announced."

Still, not all defense attorneys and marijuana advocates are as content with the ruling as the Azevedos and others who had their criminal cases dropped.

Some argue that clear-cut limits actually would shield medical marijuana patients from law enforcement officials who have a strict interpretation of what constitutes a "reasonable" amount.

"I wish there was a bright line," said Bruce Margolin, one of the nation's most renowned marijuana defense attorneys. "It's the only protection against arrest."

A closely-watched Sacramento case was expected to help clarify what a reasonable amount of medical marijuana is. But it further muddied the question.

http://www.foxnews.com/us/2010/03/28/felony-pot-cases-getting-tossed-court/

This is really throwing me for a loop because I took the Supreme Courts ruling as Leo now will be deciding the weight limit per patient but it looks like the courts do not know how to approach weight limits in regards to ailments.

 

[Skip]

They say they need a "Clear Line", here it is...

LEGALIZE IT!

If not, then stop arresting ANY people for marijuana possession!

Then LEO doesn't have to worry whether the case will be tossed out or not, and they can get on with doing their job of busting CRIMINALS instead of harassing INNOCENT cannabis patients.

 

[KUSHEATER1]

true true true

 

[NIRVANAGYPSY]

Agreed Skip. Legalize it.

 

[unclefishstick]

They say they need a "Clear Line", here it is...

LEGALIZE IT!

If not, then stop arresting ANY people for marijuana possession!

Then LEO doesn't have to worry whether the case will be tossed out or not, and they can get on with doing their job of busting CRIMINALS instead of harassing INNOCENT cannabis patients.

well said skip

 

[hippie_lettuce]

"Legalize it, don't criticize it...."

 

[the_lonely_one]

yep,

"First they ignore you, then they laugh at you, then they fight you, then you win.”

Ghandi

 

[Rednick]

Legalize it?
Us first.

 

[Care Giver]

It would take me forever to smoke two lbs.

Lets face, the greed has infiltrated everyone who wants to take advantage of the law.

Don't blame LEO and the politicians when YOU are doing the same thing as them.

 

[johnnyla]

Hey "Care Giver"

what about if you ate 2lbs?

 

[Care Giver]

Hey "Care Giver"

what about if you ate 2lbs?

valid reason, but rare in practice

The majority smokes.

I'll agree, that can be cause for a blurry line, yet can be an excuse for those willing to take advantage also, would you not agree?

 

[Rednick]

valid reason, but rare in practice

The majority smokes.

I'll agree, that can be cause for a blurry line, yet can be an excuse for those willing to take advantage also, would you not agree?

Get to your point 'friendo'!

 

[Bulldog11]

"It would take me forever to smoke two lbs.

Lets face, the greed has infiltrated everyone who wants to take advantage of the law.

Don't blame LEO and the politicians when YOU are doing the same thing as them."

Don't know what the hell you are talking about. I try to have a good outdoor crop each summer that will last me the entire year. I need at least 1 pound to last a year and usually 2 lbs makes it 1 year no prob. Are you trying to tell me I shouldn't be about to stock pile my yearly supply????

Don't ever tell me I am doing the same things as these shady pigs!!!!

 

[ChynaRyder]

Hey caregiver, I am a serious med user, and I go through an ounce a week when I am 'rationing'....I wonder what you would have to say about my stash size when outdoor season is over. It is NO ONES b business how much of my medicine I choose to use

 

[JohnnyATL]

haha im not medical and i smoke like 14gs a week i could kill 2 lbs over an extended period. Not including hash and edibles.....oh yeah

 

[okanogan green]

Hello there. Medical Non- Medical, division where there could be harmony. Cannabis is Marijuana is Medicine are Natural gifts from Mother Earth. Mother Nature should not be illegal in the first place. I no longer smoke but I grow for people who use it for many reasons Medical being the main motivating cause. Yes if a good reasonable outdoor season can provide for even six months of supply, then why pay for the stuff when you can grow your own? Safe and happy growing to all.


"Homegrown's allright by me, Homegrown's the way it should be. Plant that bell and let it ring" Neil Young.

 

[THCforus]

It would take me forever to smoke two lbs.

Lets face, the greed has infiltrated everyone who wants to take advantage of the law.

Don't blame LEO and the politicians when YOU are doing the same thing as them.

hey care giver,
Why don't you quit growing marijuana and become one of those hypocritical politicians or cops your so ready to defend.
Bottom line is that pot is god given, and we should be able to grow or possess as much of it as we want.

 

[anonamix]

"Legalize it, don't criticize it...."

... and we will advertise it..

 

[Hydrosun]

They say they need a "Clear Line", here it is...

LEGALIZE IT!

If not, then stop arresting ANY people for marijuana possession!

Then LEO doesn't have to worry whether the case will be tossed out or not, and they can get on with doing their job of busting CRIMINALS instead of harassing INNOCENT cannabis patients.

Yep, how the fuck are the PIGS in the middle of anything? Stay out of peoples homes and their little minds will not be confused. We don't need a limit or any more clarity for the fucking pigs, just mind your own fucking business and allow free born humans to do as they will in their homes.

Peace,

 

[Hydrosun]

valid reason, but rare in practice

The majority smokes.

I'll agree, that can be cause for a blurry line, yet can be an excuse for those willing to take advantage also, would you not agree?

Take advantage? Who the fuck are you? Does the farmer with an acre of corn take advantage of hungry people?

What the fuck are you talking about? Why should you or anyone else in the world be able to limit what I do with my property? How is my growing or not taking advantage of ANYONE!

Why do people come to this board and re-hash the mindless propaganda of the PIGS?

Please explain how PRODUCTION = TAKING ADVANTAGE.

Very happy un-birthday to you. In my universe NOT THINKING = TAKING ADVANTAGE

and

MINDING YOUR NEIGHBORS BUSINESS = EVIL BASTARD WHO THINKS THEY KNOW BEST.

Get back to producing and quit worrying about what other humans do with their FREEDOM

Peace,