SB 420 ruled UNconstitutional - California - International Cannagraphic Magazine Forums

BioDynamic · 05-29-2008, 02:47 PM

Just thought I'd pass this information on in case any mmj patients in Cali hadn't heard yet.

from Indybay 5/22

"In the case People v. Patrick Kelly, the court overturned
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 Sec. 11362.77 and did not
have a doctor's recommendation authorizing more.

In a 3-0 decision, the court ruled: "The prosecutor's argument
was improper. It was improper because the CUA 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 is
certified for partial publication, pending possible appeal to the
Supreme Court.

The Court validated the long-standing view of California NORML
and other Prop 215 advocates that the SB 420 limits are
unconstitutional. Cal NORML attorneys have successfully argued the
point in several lower court cases, but this is the first time it has
been addressed by an appellate court. "

I've always said that the plant limits and bud limits are bullshit and major props to Patrick Kelly for challenging them in court.

Let Freedom Grow!

bigbrokush · 05-29-2008, 06:11 PM

Man that is great news!

bongorilla · 05-29-2008, 06:30 PM

Grendelkhan · 05-29-2008, 06:37 PM

Now if that only worked with the Feds. Its great news at the state level but again the feds are the problem anyways. I am curious how much money in taxxes has been collected in California now that they have been taxxing it. With the 16 billion in debt, I am sure that once that tax money starts rolling in that other states will soon be taxxing their own MMJ and once that money comes in there will be no stopping it.
Good news indeed.
Gkhan.

SCF · 05-29-2008, 06:49 PM

There is a discussion about it in this thread.

https://www.icmag.com/ic/showthread.php?t=90664

Very good news indeed.

wildheart · 05-29-2008, 08:12 PM

And so the acrimony will continue and get worse, no doubt!

Word on the street that I have heard is that this year Arnie has at least $100 Million in Medical Cannabis taxation funds in the coffer to use in his battle of the budget (-deficit!)...

The feds are on the run - all activity seems to point to that from my perspective. There's no doubt they will be here in heavy numbers this summer and maybe next as well...

'Member what the grow stores had to go through way back when? I do! C'mon people, pay your taxes on it, and the more of us who have been and do, the sooner the feds will evaporate on this subject, just as they did with the grow stores back in the day.

But mind you, they're pissed, and with Bush on the way out they know that, in the very near future, they are going to be simply, DONE!

Expect a nasty couple of years as they head on out that door!!

Be safe, be chill and, whatever you do, keep that rec' perfectly updated at all times!

Best to all,

wh

05-29-2008, 02:47 PM	#1
BioDynamic New Member Join Date: May 2008 Location: Anahuac, the land between the two waters. Posts: 4	SB 420 ruled UNconstitutional Just thought I'd pass this information on in case any mmj patients in Cali hadn't heard yet. from Indybay 5/22 "In the case People v. Patrick Kelly, the court overturned 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 Sec. 11362.77 and did not have a doctor's recommendation authorizing more. In a 3-0 decision, the court ruled: "The prosecutor's argument was improper. It was improper because the CUA 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 is certified for partial publication, pending possible appeal to the Supreme Court. The Court validated the long-standing view of California NORML and other Prop 215 advocates that the SB 420 limits are unconstitutional. Cal NORML attorneys have successfully argued the point in several lower court cases, but this is the first time it has been addressed by an appellate court. " I've always said that the plant limits and bud limits are bullshit and major props to Patrick Kelly for challenging them in court. Let Freedom Grow!
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05-29-2008, 06:11 PM	#2
bigbrokush Master Grower Join Date: Aug 2006 Location: Trojan Land Posts: 875	Man that is great news! __________________ Chocolate Thai (92) X G13 Widow The "*HYENA" Intro HPNOTIQ* IS THE NAME Current grow So. Cal Collective
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05-29-2008, 06:30 PM	#3
bongorilla Member Join Date: Apr 2008 Location: where dreams go to die!!! Posts: 62
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05-29-2008, 06:37 PM	#4
Grendelkhan Member Join Date: Mar 2007 Location: Going back to Cali... Posts: 514	Now if that only worked with the Feds. Its great news at the state level but again the feds are the problem anyways. I am curious how much money in taxxes has been collected in California now that they have been taxxing it. With the 16 billion in debt, I am sure that once that tax money starts rolling in that other states will soon be taxxing their own MMJ and once that money comes in there will be no stopping it. Good news indeed. Gkhan.
	Quote

05-29-2008, 08:12 PM	#6
wildheart Banned Join Date: Feb 2007 Posts: 50	'OOPS' on Measure B! And so the acrimony will continue and get worse, no doubt! Word on the street that I have heard is that this year Arnie has at least $100 Million in Medical Cannabis taxation funds in the coffer to use in his battle of the budget (-deficit!)... The feds are on the run - all activity seems to point to that from my perspective. There's no doubt they will be here in heavy numbers this summer and maybe next as well... 'Member what the grow stores had to go through way back when? I do! C'mon people, pay your taxes on it, and the more of us who have been and do, the sooner the feds will evaporate on this subject, just as they did with the grow stores back in the day. But mind you, they're pissed, and with Bush on the way out they know that, in the very near future, they are going to be simply, DONE! Expect a nasty couple of years as they head on out that door!! Be safe, be chill and, whatever you do, keep that rec' perfectly updated at all times! Best to all, wh
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