*California Supreme Court Considers Medical Cannabis Again*
by Joseph Elford, ASA Chief Legal Counsel
Just as many would have thought that the SB 420 guidelines < http://www.safeaccessnow.org/article.php?list=type&type=186 > of 8 ounces and 12 immature or six mature plants were a dead letter --- a blessing for some a nightmare for others ---
the California Supreme Court granted review of People v. Kelly, < http://safeaccessnow.org/blog/?p=104 >which held that the SB 420 quantities are "limits" on the amount of marijuana a qualified patient may possess and, as such, constitute an unconstitutional amendment of a voter-approved initiative.
Another Court of Appeal agreed with People v. Kelly in People v. Phomphakdy < http://safeaccessnow.org/blog/?p=135 >, so it appeared that the SB 420 guidelines were done.
For some, this was a good thing, as many law enforcement officers applied the SB 420 quantities as limits on the amount of marijuana patients may possess and busted patients who had anymore than 8 ounces or six mature plants. For others, this was a potential nightmare, since police in some communities may well go back to busting patients who have as little as an ounce or one or two plants.
So, without taking any pleasure from the process, we filed a letter with the California Supreme Court requesting depublication of the Kelly decision. Although we agreed the result of the Kelly decision and love the fact that yet another court has sided with patients, we felt it was important for the California Supreme Court to hear our view --- that the SB 420 guidelines are thresholds, not ceilings. Patients should have a safe harbor and the Kelly decision, though well-intentioned, took that safe harbor away.
Yesterday (8-14-08), the California Supreme Court granted review of the Kelly decision, framing the issues as follows:
(1) does Health & Safety Code section 11362.77 violate the California Constitution by amending the Compassionate Use Act without voter approval?; and (2) were there alternative remedies to invalidating section 11362.77 in its entirety?
This bodes well for Mr. Kelly and the rest of us, as it appears that the Court will likely affirm the reversal of Mr. Kelly's convictions, while maintaining that the SB 420 guidelines are constitutional, at least as they apply only to patients with identification cards or if they are interpreted as thresholds. Meanwhile, the Kelly case is depublished and the SB 420 guidelines will remain in effect.
Supreme Court
Court data last updated: 05/23/2009 04:07 AM
Supreme Court Case: S166565
Court of Appeal Case(s): Third Appellate District, Case C056881
Case Caption: PEOPLE v. PHOMPHAKDY
Case Category: Review - Criminal Appeal
Start Date: 09/04/2008
Case Status: holding for lead case
Issues: Petition for review after the Court of Appeal reversed a judgment of conviction of criminal offenses. The court ordered briefing deferred pending decision in People v. Kelly (S164830), which presents the following issues: (1) Does Health & Safety Code section 11362.77 violate the California Constitution by amending the Compassionate Use Act without voter approval? (2) Were there alternative remedies to striking section 11362.77 in its entirety?
Case Citation: none
Cross Referenced Cases S164830 PEOPLE v. KELLY
^^^ just ask your doctor what he can do...as far as recommending a higher amount of medicine for YOUR needs....if you eat Raw Cannabis you may need around two pounds a day....
Thanks for the heads up guys on this legal stuff.Hey headymonster I have tendonitis thats getting pretty bad in my elbow and is starting to actually swell up and hinder movement, do you think eating raw herb may help this inflamation I've been getting lately? I smoke daily but it doesnt seem to do anything for my swelling and tightness. thanks, nuggler
Thanks for the heads up guys on this legal stuff.Hey headymonster I have tendonitis thats getting pretty bad in my elbow and is starting to actually swell up and hinder movement, do you think eating raw herb may help this inflamation I've been getting lately? I smoke daily but it doesnt seem to do anything for my swelling and tightness. thanks, nuggler
YES ABSO LUTELY!!! - - - - - i wish i had a scanner i would scan the documents given to me by my doctor about eating RAW GREEN LEAF Cannabis...it has super healing properties, especially for inflamation, i have a messed up elbow as well - after digging for a while, or lifting weights i can barely move my right arm to type, i eat some raw vegatative green leaf from cannabis and in days the swelling goes down and i start to feel better, cooking with it actaully turns the CBDs into THC....for healing properties and anti-inflammation we want CBDs as they bind to fat cells and heal- so before everyone starts to claim eating raw cannabis will only get you high..., thats why i say RAW.....LEAF, not bud, the fan leaves have high concentrations of CBDs in Veg. State....so go have fun in ur garden open up some new bud sites and get healthy while you do it
Not sure where you got this info, but much of it is wrong. Very few drug strains in the U.S. contain over .1% CBD. CBD is an anti-inflammatory, but is not present in most drug strains. CBC(cannabichromene) however,is present in the leaves of young cannabis plants and is also an anti-inflammatory. Oil of cannabis also contains anywhere from 8-35% of beta carophyllene(a dietary cannabinoid) which is also a powerfull anti-inflammatory.
THC exists in the plants mainly as THC carbocylic acid(THC-COOH). The enzymatic condensation of geranyl pyrophosphate and olivetolic acid gives cannabigerolic acid(CBGA), which is cyclized by the enzyme THC acid synthase to give THC-COOH. heating decarboxylates the acid to THC. This is metabolized mainly to 11 OH THc(11 hydroxy THC) by the human body(stomach). It is further oxidized in the liver to 11-nor-9-carboxy THC,which is several times stronger than delta 9 THC.
Your statement that fan leaves contain high amounts of CBD is incorrect. In several strains, young leaves contain high amounts of CBC not CBD. Both CBC and beta carophyllene are probably responsible for the anti-infammatory effects, as CBD is only present in hemp and land race drug strains that have not had the CBD bred out.
Sorry to interrupt the original thread. I wish that they had just left the Kelly decision alone. It was obviously a good decision and I don't know why ASA wanted to fuck with it.
Would you be able to pass a drug test if you ate raw fan leaves in salad? Got a friend with some pains that gets tested randomly by his job.