Ca Supreme Court Strikes Down Medical Marijuana Possession, Cultivation Limits

Posted January 21st, 2010 by canorml_admin
January 21 - The California Supreme Court released its long-awaited ruling in People v. Kelly today.
As expected, the court struck down the so-called SB 420 quantity limits in Ca Health & Safety code 11362.77 as applied to patients' right to grow, but upheld their application for other purposes, e.g. as a "safe harbor" guideline for protecting patients from arrest.
Read the opinion
Excerpt:"We conclude, consistently with the decision of the Court of Appeal below (and with the position of both parties in the present litigation), that insofar as section 11362.77 burdens a defense under the CUA to a criminal charge of possessing or cultivating marijuana, it impermissibly amends the CUA and in that respect is invalid under article II, section 10, subdivision (c). We also conclude, consistently with the views of both parties in the present litigation, that the Court of Appeal erred in concluding that section 11362.77 must be severed from the MMP and hence voided."
See: Kelly case sees oral arguments
AP: Calif. high court strikes down medical pot limits
Kelly voids Mendo's Measure B?Ukiah Daily Journal1/21/2010
A Big Fat Bowl of Nothing: What the Pot Limit Strike Down Really MeansSF Weekly Blog
State court ruling shoots down medical marijuana restrictionsTimes-Standard, Eureka1/22/2010