California Supreme Court Further Clarifies Medical Marijuana Laws
The California Supreme Court affirmed today that the state’s voter-approved medical marijuana law (Proposition 215) does not prevent qualified patients and caregivers from possessing more marijuana than is set forth in the personal guidelines established by the legislature in 2004. While the outcome of this case, People v. Kelly, hasn’t fundamentally changed California law — not in our view, at least — the decision provided necessary direction for law enforcement.
Although his status as a legal patient was not in question, the defendant in this case was prosecuted for possessing more marijuana than was allowed by the “limits” (8 ounces and 6 mature plants) established in companion state legislation to Prop. 215. The court affirmed that in fact there are no limits on the amount of marijuana a patient can possess or cultivate so long as it’s in accordance with their personal needs. The thresholds set by the legislature are in fact only guidelines for law enforcement to follow when determining whether or not to arrest someone who possesses of one of the state’s voluntary medical marijuana ID cards.
So, what does this all mean for California patients and caregivers?
If you’re enrolled in California’s medical marijuana ID card program and growing no more than 6 mature or 12 immature plants, and possessing 8 ounces or less of processed marijuana (or higher limits if your county allows), you will not be subject to arrest or prosecution. However, if you exceed these floor guidelines or choose not to obtain a state ID card, you may end up under arrest but you will have an affirmative defense in court, providing an opportunity to avoid prosecution if you can convince a judge or jury that you are a qualified patient and your marijuana was only an amount consistent with your personal medical needs.
These guidelines and the ID cards are important tools to help California’s patients and caregivers avoid unnecessary legal problems. Without them, the individual police officers would have discretion over whether someone claiming to be a patient was suspicious enough to be arrested or whether their marijuana was more than they needed. And we all know how great cops are at practicing medicine.
Tagged with: california supreme court and People v. Kelly by the author
22 comments
Yeah I think the case in which the guy was making hash out of his bud set good good precedence for this kind of case on the basis that the bud isn’t always the final product.
“..the decision provied necessary direction for law enforcement”
Much needed direction. Is that clear Mr. Po-Po?
Fuck the police. They are acting stupid most of the time anyway.
Get better laws, and in doing so, don’t listen to police who try to make the laws, not simply enforce them. Which is their actual job….
Was kind of NORML to reference your post Aaron.
“So precisely what does this decision mean for California patients and providers? Aaron Smith provides an excellent summation.”
California IS doing the right thing. Now I’d like to see California take on the Federal Government, before it’s too late.
[...] decision mean for California patients and providers? Aaron Smith provides an excellent summation here. The bottom line: patients in California have a legal right to possess and use marijuana in the way [...]
This decision will let a lot of medical marijuana breathe a little easier tonight. Counties may still decide to arrest us for 8.1 ounces but at least now won’t be giving up our legal right to medical marijuana just because we miscalculated how much marijuana we have on hand. Nice to see the courts getting it right.
Californians do not know how incredibly lucky they are. I have degenerative spinal cord disease. I was growing ten “plants” (clones that hadnt rooted, 5 inches tall). The federal marshalls arrested me in my home because I had been too sick to work, so I fell behind in child support. I went to county jail, where I was denied, and forced to detox off of, cold turkey, fentanyl and zanax…almost died. This happened because I live in a backwater called lamar county, Mississippi. While I am so thankful that SOME of the states are waking up to the fact that cannabis is medicine, it is an atrocity that people like me have the choice of 1) move to a state that has sane leaders, both in the legislative and judicial branches, 2) self-medicate, and live in fear of the drug nazis or 3) suffer. This is an indictment of our UNITED STATES CONGRESS, for failure to gaurantee that ALL citizens enjoy EQUAL RIGHTS to LIFE, LIBERTY, and THE PURSUIT of HAPPINESS. I know, there are those that would say, if you dont like it, organize and fight it…thats like saying the jews should have organized against the nazis…like rascism, the claws of drug hysteria are too deeply sunk into the flesh of the southern states…too many cops and judges and local lawyers making too much money sending poor people to jail…what we need is a coalition of ALL groups that represent the disenfranchised…blacks, gays and lesbians, hispanics…to UNITE, and send a message to washington…either change these laws on the FEDERAL LEVEL, or we’ll change who’s ass is sitting in the Congressional seats…putting the sick and dying in jail…now THATS something that they ought to pass a law AGAINST…
better get those i.d. cards
This article shows the much needed safety and respect to those who want to live.
This is cool. I have been smoking cannabis for 34 years and using it for pain for 25 years. One day I may be able to grow my own meds leagally here in Mn. Obama needs to see what is happenning across America. There are many states with cannabis bills and many that will be voted on this year.Some polls show that 82 percent say yes to med cannabis and over 60 percent for legalizing to adults over 21. With so much support for cannabis obama could raise his own popularity by supporting a great cause. He gets paid by lobbiests so that won’t happen. I am glad to see changes on both the east coast and the west coast but what about the mid west? There are so many people that could bennefit from med. mj. but we are goverened by proponents of big bro. The polititions out west see where their votes come from and they want to stay in office.
Medical Marijuana Clinic in Bozeman, MT
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#3
The police are just playing their game. They generaly see the public in two catagories “real americans” Norman Rockwell types and “Suspects”.
Well, a guy set himself on fire accidentally in Breckenridge, Colorado while he was using a torch trying to cook down hash.
Sadly, they got hurt, but because they were under medically permitted laws, they couldn’t even be liable for anything…period.!
I believe a line should be drawn.
One plant, one person, per year.
I brought a little ‘cutting’ home from San Fran. a few years back.
I fried him accidentally! I was told it would likely have produced eight ounces for my own personal use.
But, duh, big produce-farmer-failure-cropper here.
Remember when Woody Harellson from
Cheers won in the Supreme Court because they could not prove he planted a ‘hemp’ seed or not on purpose!
That was ages ago!
If I were a policeperson, I certainly would be embarrased for arresting someone when they are supposed to be trained in the first place, ‘ to use their own judgement’.
… duh..they need to go look for a criminal already!
Would the medicann ids count as the same?
Perhaps all the people who want marijuana to be legal are going about it the wrong way. If the government wants to decide that they are the ones who decide what is medically best for a patient even though they may not be experts in the medical field, maybe we should just have some kid that works at McDonald’s declare a new law stating all drugs are legal. Not really his area of expertise, but who’s counting…
Only 6 mature plants….? When are lawmakers going to understand that good herb is grown sea~of~green style? Don’t they realize that plants can yield diferent amounts. They need to weigh the budz or its not fair
Good point Dr Green.. Also, a lot of lawmakers seem to think “smoking ” marijuana isnt that great.. why are their allotted amounts more along the lines of smokers than people who eat or ingest other ways. Surely if you were “eating” most of your medicine it would take more than if you were smoking it. Especially if your making things like cannabutter, various oils and such. So if lawmakers are more against “smoking” the drug, give people more of a leeway to actually have an amount to do otherwise with.
I really mean three – six individual plants per person per year…then if someones’ privacy is constitutionally violated…the home-wreckers should go home and take a very good long look at themselves in the mirror.
What is so hard for them to understand about a personal matter anyway; it’s the invaders who are the criminals from now onward. They have been self-exposed.
I hope they soon allow this MS sufferer to go home (with no substantial criminal penalty).
The war is over – or so the rest of the world seems to think, that we Americans just need to realize it.
@ Angelo: No, the card provided by Medicann or any other private entity do not carry the protections that the state IDs carry. You can obtain one through your county health department if you meet the qualifications.
@ dr green: I agree that using a numeric limit is inappropriate. MPP encourages California counties to adopt guidelines based on plant canopy instead. Safe Access Now has done a lot of good work on this and you can learn more at http://www.safeaccessnow.net/#size
So, let’s say you have an LA County- issued medical marijuna card, and you are also a single parent of too young children under 10 years old. Can the LA County Department of Child Services take your children away of you if you have THC in your system? My understanding is YES, even if they’ re not abused in any way, are well-fed, are well-groomed, and are successful in school and live in a high-end middle class neighborhood. . And if this true, wouldn’t it be a nice place for child protective services to do some fishing… right in their own (county’s) records department?
Thoughts?
Change.org is asking for more ideas…. please go vote and tell your friends:
http://tinyurl.change.org/OCWVx
Yeah… I realize this may be glossed over once again, but it doesn’t hurt us to keep pressing the issue!!!
DarthNole…I like your idea; however I noticed their was only 15 votes for this petition. I would hope that Americans didnt let the prior “blow-off” discourage their pressure for an end to prohibition–though that most likely was the intention in the way it was handled.
Even though marijuana scored the highest on polls, all polls seemed to have a problem with 22,000 people asking basically the same question and spreading the votes. Its better to find the poll or petition with the most votes and cast yours along with theirs. Most of the time, all of the main facts do come up, and it only hurts things to try to re-introduce a newly worded way of getting the same result. Through change.org I searched “marijuana” and came across a petition that had over 16000 signatures. It made many valid points and seems to me best with #’s as well.
There’s an pre-written letter on the bottom you can send to a representative. I used this space to tweak a little more of my personalization in wording without effecting splitting the polls.
Here’s the link to the page and my example of how you can add to the reps letter for more specifics.
http://criminaljustice.change.org/actions/view/legalize_marijuana#letter_form
“”"”"”It is understood that while marijuana has been essentially illegal since 1937, the prohibition of this plant has not worked. It has also been proven that in recreational use it does less harm than alcohol.
There have been studies done that prove it has medical uses, if it didn’t then the synthetic drug Marinol would not exist, nor would the US Government hold a patent specifically mentioning its medicinal properties. Marinol is not a catch all substitute for all prospective medical marijuana users. For instance, someone who finds relief in marijuana for seizures CANNOT take Marinol. Marinol is KNOWN to cause problems and should be avoided by patients with seizures.
Imaging all the money saved when the many disabled veterans and Social Security disability recipients are able to return to a more functioning capacity when they are offered an alternative medicine with more results and less side effects than many of its counters.
Please look at how much our government spends on trying to fight something that is of no threat to our society. Realize how many other ways that money could be spent to make this a stronger country. Also, look into how much more money the country would make through taxation, as it does with alcohol and tobacco. If people are normally spending their hard earn money on marijuana to the Black Market, imagine all the extra money spent in the economy when someone has extra spending money since they can grow their own.
If change is what you want, then do something for the benefit of the majority that is their will and for their benefit, with disregard to lobbying and other yes man tactics that seem to never do seem to change.
Sincerely,
Angela Renee
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