Great News from California Supreme Court on Medical Pot Limits

From an Americans for Safe Access press release:

The California Supreme Court issued a unanimous published decision today in People v. Kelly, striking down what it considered unconstitutional legislative limits on how much medical marijuana patients can possess and cultivate. Today's decision also affirms protection from arrest and prosecution for patients who both possess a state-issued identification card and comply with state or local personal use guidelines….

Although the court affirmed that qualified patients and their primary caregivers retain "all the rights afforded by the CUA [Compassionate Use Act of 1996]," law enforcement can still arrest and prosecute if probable cause exists. In keeping with the CUA, qualified patients and their primary caregivers will still have an affirmative defense in court….

The defendant, Patrick Kelly, is a qualified medical marijuana patient treating a number of conditions, including hepatitis C, chronic back pain, and cirrhosis. Kelly was arrested in October of 2005 for possessing 12 ounces and cultivating 7 plants at his home in Lakewood, California. Kelly was convicted a year later by a jury, which concluded that he had exceeded the state-imposed "limits" of 8 ounces of dried medical marijuana and six mature plants. California's Second Appellate District Court overturned Kelly's conviction on the grounds that legislatively-imposed limits on possession and cultivation of medical marijuana are an unconstitutional restriction to a voter approved initiative….

Both parties in the case, Kelly and the State Attorney General, agreed that medical marijuana limits should be abolished as unconstitutional. Both parties also opposed the appellate court's invalidation of the entire statute, Health & Safety Code Section 11362.77, which protects ID cardholders from arrest and prosecution if they are in compliance with local or state guidelines.

The full decision.

Comments

[Jack Of All Threads]

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http://www.jdnews.com/opinion/.....wants.html

[Brian Sorgatz]

I'm waiting for the glass-is-always-empty grumblers to say the court didn't go far enough. No matter how good the news, every post attracts those comments.

[chaka]

i'm a bong is half full kind of guy.

[Almanian]

The court didn't go far enough! You bastards!

Brian, hope that helps.

[Hugh Akston]

Both parties in the case, Kelly and the State Attorney General, agreed that medical marijuana limits should be abolished as unconstitutional. Both parties also opposed the appellate court's invalidation of the entire statute, Health & Safety Code Section 11362.77, which protects ID cardholders from arrest and prosecution if they are in compliance with local or state guidelines.

I just have to say...wow. I mean, it's one thing for SCOTUS to slap down a bad law that some douchey AG defends out of sense of righteousness or misguided duty to State power. But when an AG brings a case to the Court in order to get it struck down, it almost, aaaaaalmost gives one a glimmer of hope that the legal system isn't broken beyond repair.

[ChicagoTom]

But when an AG brings a case to the Court in order to get it struck down, it almost, aaaaaalmost gives one a glimmer of hope that the legal system isn't broken beyond repair.

What are the odds that this would happen in a state other than California?

[Gene Berkman]

This is a great story all around!

The AP story on this refers to the California Supreme Court as the "high court." Hope they stay that way!

[Draut]

The State Card involves counties implementing expensive and cost prohibitive departments to register those patients who voluntarily chose the program. Law enforcement has indicated they prefer the State card as their officers wouldn't have to verify the validity of a patient only if they were abiding by State law and carried the State ID. watch machete online | watch resident evil: afterlife online

[Joshua]

Dude!
This is like... like... totally awesome!
Dude!

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Good!

[Kenneth Pettingill]

Media Release

MediCann's management and employees are very disappointed with recent events associated with the Kelly decision. http://www.courtinfo.ca.gov/op.....195624.PDF http://reason.com/blog/2010/01.....fornia-sup

MediCann as an organization is all about the patients, and that's simply the facts. To us, support of the State ID card means literally that those patients who chose to remain "unregistered" risk increased chance of arrest and that some within our movement would chose to support that position. It's difficult to understand why anyone would support one group of patients over another but that is not the MediCann stance or view since participation in the voluntary State ID program is not a requirement for full protection under Prop 215 11362.71(f).

We believe the State ID card to be fraught with a myriad of issues. Had the State program been "mandatory" the courts would have struck down the entire ID card program as it was deemed "unconstitutional" by the courts. We also have issues with SB420 and lean towards the entire legislation as being not constitutional. We believe as a company Doctor Patient confidentiality is critical and that "third-party" verification involvement exposes patients. Once a patient registers with the State or any third-party State ID provider, Doctor patient confidentiality can be "argued" breached. The patient and Doctor's are then exposed to the legal system and other interested parties reviewing their file to determine the reason for the recommendation. MediCann does not advocate this position. We are strongly opposed to any legislation, process or program that decreases any patient's rights.
The State Card involves counties implementing expensive and cost prohibitive departments to register those patients who voluntarily chose the program. Law enforcement has indicated they prefer the State card as their officers wouldn't have to verify the validity of a patient only if they were abiding by State law and carried the State ID. Patients not carrying the State ID apparently are more susceptible to arrest and there are groups advocating the reduction of patient rights and Medicann is staunchly opposed. Some of these groups are also currently involved from a legal perspective suing counties that do not implement the State ID card to do so. To think a patient advocacy group is fighting to "reduce" patients rights is mind-boggling and needs to be brought to the attention of patients everywhere. MediCann will not watch our patients and their rights restricted or worse a group of patients exposed when "proposition 215" clearly defines what the patient's rights are under the law.
What this means to patients is this. Those who do not register (currently about 90% or more) will be more likely to face arrest if encountering a law enforcement situation. MediCann is appalled that any patient advocacy group would sponsor a reduction in patient rights as the law clearly states "all patients that qualify under proposition 215 are protected the same whether they've registered for the State program or not". Our fear is those patients choosing not to register will come under increased scrutiny and attention of law enforcement. How else will the State and those interested in seeing the State ID card gain traction get medical patients statewide who already are distrustful (and rightly so) to join their ranks?
MediCann supports patients that chose to register for the State card though we caution our patients against self incrimination. There are some very sound and legitimate reasons we maintain the position we do and it's always to protect the best interest of our patients, always! And we whole heartedly support our patients that chose not to register for the State card and will protect both patients with federally protected Doctor patient confidentiality whenever and wherever we are able to do so by law!
MediCann as a company will rally our 180000 patients and we will educate them what the truth really is here. Patients need to understand what is at risk if they chose the State ID card. We feel once educated most if not all patients will see this issue as we do. We intend to meet with law enforcement and legislators to again share our position and educate them on the MediCann ID card and how we are striving to meet their verification needs. We at no time have any immediate plans to abandon any patients of ours that chose to register or to not register with the State program. In the days to come we will utilize the media to let medical marijuana patients everywhere know what's at stake here.
Yours in health,

Kenneth D. Pettingill

Kenneth D. Pettingill
Director of Marketing
MediCann Inc.

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