Friday, May 23, 2008

The California Court of Appeals

Los Angeles, May 22: The California Court of Appeals ruled that
the state limits on medical marijuana possession and cultivation
established under state law SB 420 are unconstitutional.
In the case People v. Patrick Kelly, the court overturned
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 Sec. 11362.77 and did not
have a doctor's recommendation authorizing more.
In a 3-0 decision, the court ruled: "The prosecutor's argument
was improper. It was improper because the CUA 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 is
certified for partial publication, pending possible appeal to the
Supreme Court.
The Court validated the long-standing view of California NORML
and other Prop 215 advocates that the SB 420 limits are
unconstitutional. Cal NORML attorneys have successfully argued the
point in several lower court cases, but this is the first time it has
been addressed by an appellate court.
Text of the Kelly decision is available at

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