California Appeals Court: MMJ Possession Limits Thrown Out!

[doublejj]

Helter Skelter!

Helter Skelter!

This throws things wide open! Or wide closed!

Some police jurisdictions have never agreed with prop215 (Sacramento, San Diego, Orange Co.) & have fought it all the way. This only takes the constraints off!

Some police jurisdictions have embraced it, (Oakland, San Francisco, Humboldt), they now can really 'look the other way' & leave it completely alone!

WILD WILD WEST!!!!!

Peace
doublejj

 

[theJointedOne]

ok so where are we now'?

i am going all out, fuck it

 

[mpd]

This is another opportunity for our community to exercise their good common sense and demonstrate that responsible adults can be left to manage their own affairs and manage the intoxicants and medicines they alone decide to be in their best interest to ingest.

While it may sound nice to go all out and "grow for the gold", a much better message of restraint, compassion, common sense and replicable circumstances would benefit those of us who still live under the yoke of state oppression.

Simple put; we are depending on you people to do the right thing. As long as one person acts irresponsibly, it allows our worst critics to paint our entire community as drug addicts, pushers, criminals and worse.

We need you to do the right thing so that (some day) legislators in our states will do the right thing.

Soap box is now secure.

 

[SKUNK420]

Prop 215 only gives a defense in court so it would be court that decides.

All Medical people can be arrested first and must present a medical defense in court.

So if I have 2lbs on hand then I may be able to explain why I have it rather than go to jail because it was more that 8 OZ..

I know.. Having some stated minimums is a blessing for some and a nightmare for others.

What I am wondering now is will the more conservative police departments now able to say they felt 4 ounces was too much and arrest some they don't like?

Wouldn't you know D.A.'s like Bonnie Dumanis as using this ruling to her advantage to prosecute people who she feels have to much or are making a profit from having too much etc..

On a different note I met with Russel Babcock to possibly be my attorney for car accident I was in long long time ago. Didn't an attorney after all.

 

[Skip]

In practical terms, the physician makes the recommendation. As to whether the amount of marijuana found in the possession of the patient reasonably relates to the patient's current medical needs, the jury will assess that after taking into account (1) the amount of marijuana found, (2) the doctor's recommendation and (3) any other fact relevant to the patient's current medical needs, as instructed by the Court.

I dunno but this strikes me as very wrong. I don't see how a jury can determine, even with the above evidence how much medicine a person really needs. In reality a person needs as much as they consume. Whether that was the amount the doctor wrote for the original recommendation or not, a person needs what they need, no more no less. It is not for any other party to say.

Any legal limit is absurd. Are there legal limits on other medicines? Are you only allowed by law a certain amount of Oxycontin or morphine for pain? Do we see court cases where the amount of a prescription drug in one's possession violates a specific law?

I realize they are trying to determine if there was more than the person needs and that it was for sale for profit so it can be a criminal case. But I think they need to rely upon OTHER evidence like a sale to an undercover narc to prove their case, rather than an absolute amount of the product in one's possession being the main determinant as to whether a law was broken...

 

[fatigues]

Any legal limit is absurd. Are there legal limits on other medicines?

Yes, there are legal limits on virtually all prescription drugs. When it comes to opiates and narcotics, especially, those limits are sometimes enforced.

So Yes, you can be in possession of too much morphine or Percocet or other drugs in excess of your prescription and yes, you can go to jail for it too.

The odd part with marijuana arises because it is not prescribed, it is only recommended. So the laws relating to prescripton drugs in all states and the amounts of same don't really apply, sas such. But putting limits on the amount one can have at any one time is certainly treating MMJ in a manner consistent with, say, Dilaudid. (Not that I am saying MMJ should be treated the same as Dilaudid, but you take my point.)

Are you only allowed by law a certain amount of Oxycontin or morphine for pain?

Yes.

Do we see court cases where the amount of a prescription drug in one's possession violates a specific law?

Yes.

 

[headfortrinity]

It looks to me what the judge said is that the people(jury) decide if the amount in your possession is more than what is needed based on the evidence presented during your case.
I realize that some of these questions have been valid even before the new changes, But the part that is unclear to me is: Will the police require your prescribed amounts to be printed on your recommendation? Will the police ignore those amounts and let the court decide? Will the judge still throw out court cases based on verified doctor recommendations? If a trial is required: How will the jury be selected?, Based on their views of mmj? What evidence is required past a doctors word?, who does the jury listen too? Also: out of an entire jury does there only have to be one person who will stand up and say: HORSESH*T!!!! LET MY BROTHERS AND SISTERS GO FREE!!!! ?

I'm sure only time will tell, But I'm staying optimistic.
"If you believe in something enough the Universe will create it for you, whether it exists or not", Elio (my good friend)

 

[DoobieDuck]

I think they need to rely upon OTHER evidence like a sale to an undercover narc to prove their case, rather than an absolute amount of the product in one's possession being the main determinant as to whether a law was broken...

Yes Skip..they want to say that if you posses a certain amount, that they will determine, you are dealing and that's rediculous.

 

[socachi]

Do we see court cases where the amount of a prescription drug in one's possession violates a specific law?

Yes.

I would like to see where the individual was only being prosecuted for that and that alone.

My Dr has written my scrip for 12 mature plants, her assistant says I can grow them until they're around 6'-7' tall which would take about 5 months. Even though I told them I am going for a SOG so I can harvest in a shorter period of time around 3' tall.

I'm on a fixed income can't wait that long so I grow SOG. So you tell me, should this be left up to a jury to decide if I have too many plants. Some days I need more meds than others, should I leave this up to a Dr that is trying to cover her ass. Up to a prosecutor, DA, Judge, politician, etc who may have a personal aggenda.

Who's hands does my personal health and well being fall into. I am responsible for me, if I choose to help others than where is the crime.

 

[theJointedOne]

bubpidty bump bump bumpity bump bump here comes thejointedone

anymore info on this??