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Thread: State Limit for Possession and Cultivation of Medical Cannabis Ruled Unconstitutional

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    State Limit for Possession and Cultivation of Medical Cannabis Ruled Unconstitutional

    California Court Says that Since Voters Didn't Determine Limits ... State Limits for Possession and Cultivation of Medical Cannabis Ruled Unconstitutional :

    On May 22nd in Los Angeles, the California Court of Appeals ruled that the state limits on medical marijuana possession and cultivation that were established under state law SB 420 are unconstitutional. In the case People v. Patrick Kelly, the court overturned the 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 Section 11362.77 and did not have a doctor's recommendation that authorized more. That section also says that counties and cities can enact medical marijuana guidelines that allow patients or caregivers to exceed the state limits.

    In its 3-0 decision, the court ruled: "The prosecutor's argument was improper... because the CUA [Compassionate Use Act] 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 could be appealed to the Supreme Court. Prop. 215 advocates such as California NORML have long believed that the SB 420 limits are unconstitutional.

    Webpage: http://www.indybay.org/newsitems/2008/05/2...
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    Re: State Limits for Possession and Cultivation of Medical Cannabis Ruled Unconstitut

    Great decision in our favor.

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    420 Member EricSilentbob's Avatar
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    Re: State Limit for Possession and Cultivation of Medical Cannabis Ruled Unconstituti

    does that mean we can poses more than 8 ounces and more than 12 plants.
    "medicate" "

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    Re: State Limit for Possession and Cultivation of Medical Cannabis Ruled Unconstituti

    If the doctor says so, I think yes. Federally, you cannot have a joint :-)

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    Human Resources Keith Lake's Avatar
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    Re: State Limit for Possession and Cultivation of Medical Cannabis Ruled Unconstituti

    On the one hand this seems fantastic, but on the other hand, the consequences of having no limits could open the door to profiteering types looking to exploit the system.

    Anything that ultimately risks or threatens the medical user's peace and privacy is a bad development in my view.

    Moderation will continue to be rewarded by the support of the public. Excess may sway too many to the side of federal intrusion

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    Re: State Limit for Possession and Cultivation of Medical Cannabis Ruled Unconstituti

    Quote Originally Posted by soniq420 View Post
    On the one hand this seems fantastic, but on the other hand, the consequences of having no limits could open the door to profiteering types looking to exploit the system.

    Anything that ultimately risks or threatens the medical user's peace and privacy is a bad development in my view.

    Moderation will continue to be rewarded by the support of the public. Excess may sway too many to the side of federal intrusion
    Profiteering on the back of the medical Cannabis movement is the biggest hazard we have to getting our case heard by the folks that matter. As long as a commercial criminal element exists, we will be rolling the ball uphill. This is why I wish the dispensaries would charge fairer and lower prices, rather than matching the black market rates, which are based on supply and demand, with a risk factored in.
    We MUST separate med use from recreational use. This message I keep hearing from politicians..."but what about the crime and profiteering"..it is hard to make a case when you see dispensary owners driving around in Porsches.

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    Re: State Limit for Possession and Cultivation of Medical Cannabis Ruled Unconstituti

    Ain't dat da trut mang :-)

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    Re: State Limit for Possession and Cultivation of Medical Cannabis Ruled Unconstituti

    perhaps the state dept of agriculyure could do universty studies on productoion costs indoor vs outdoor abd have norml do a referendum on pricing