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.