California medial marijuana limit??????

MediMaryUser

Well-Known Member
i copied and pasted this from this website http://jurist.law.pitt.edu/paperchase/2010/01/california-supreme-court-rejects.php

Friday, January 22, 2010


California Supreme Court rejects medical marijuana limits
Daniel Makosky at 9:46 AM ET

[JURIST] The California Supreme Court [official website] on Thursday unanimously overturned [opinion, PDF; case materials] a 2003 law limiting the amount of marijuana that may be possessed under the state's Medical Marijuana Program (MMP) [materials]. The court ruled that Health and Safety Code § 11362.77 [text], allowing patients to possess no more than eight ounces of dried marijuana, represented an unconstitutional effort by the legislature to alter Proposition 215 [text], a voter-approved initiative, without voters' consent. Because the amendment was not approved through the initiative process, the court found:

[T]he Legislature is powerless to act on its own to amend an initiative statute. Any change in this authority must come in the form of a constitutional revision or amendment to article II, section 10, subdivision (c). Therefore, we are compelled to conclude that section 11362.77 impermissibly amends the [Compassionate Use Act].
As adopted, the legislation did not establish specific quantity limits, stating only that patients may possess an amount reasonable for their medical condition.

Earlier this month, New Jersey became the fourteenth US state [JURIST report] to legalize medical marijuana. In November, voters in Maine approved [JURIST report] an expansion of the state's existing medical marijuana laws, making Maine the fifth state to allow dispensaries [ABC News report], following California, Colorado, Rhode Island, and New Mexico. California's Fourth District Court of Appeal ruled in 2008 that the MMP is not in conflict with the Supremacy Clause [JURIST report], and does not violate the Controlled Substances Act (CSA).




So does this mean medical marijuana users could have hella bud now or what lol?

if you look on google theres other articles about it too and i heard it on the radio
 

Jazus

Member
I've been trying to figure this out too, and so far this is the conclusion I've come to:

A CA medical patient may now possess as much weed/plants as he/she can reasonably defend as being for personal use. Police are encouraged to use their discretion in determining whether a quantity of weed/plants is personal, and may arrest you if they determine it is not. Then you would have to show up in court and argue that your medicine was for personal use.

So long story short, this case dramatically decreases the risk of ever serving jail time for possession/cultivation, but probably will not effect the chance of a police officer giving you a real hard time.
 

MediMaryUser

Well-Known Member
I've been trying to figure this out too, and so far this is the conclusion I've come to:

A CA medical patient may now possess as much weed/plants as he/she can reasonably defend as being for personal use. Police are encouraged to use their discretion in determining whether a quantity of weed/plants is personal, and may arrest you if they determine it is not. Then you would have to show up in court and argue that your medicine was for personal use.

So long story short, this case dramatically decreases the risk of ever serving jail time for possession/cultivation, but probably will not effect the chance of a police officer giving you a real hard time.


i was just wondering and thinking that is what it means so im thinking everyone could now reasonably argue they can have 2 pounds because it takes about 3 months for a grow and 10 grams a day x90 days= 2 pounds and i can easily smoke 10 grams a day
 

MediMaryUser

Well-Known Member
Hell yea, especially if i messed up on the grow and it does not come out as potent, then i might need 15-20 bowls to make up for it. :lol: :bigjoint:


yeah i get that but im the opposite like too me good ass nugs are like crack and the bad ones i grow id rather make concenrates than smoke lol but those good ones i can easily smoke a quarter of my best blue dream nugs in a day and i have lol i only got like a zip or 2 of top quality blue dream out of like over a half p and the rest was schwagg and i smoked the murda and the concentrates from the schwagg allready
 

wonderinaliceland

Active Member
wow i thought alot more of you would of had something to say
I think the whole thing is fucked....It was a pound in my county....but unless you grow out doors 6 plants in flower at a time ain't much indoors....maybe 6 ounces off 6 plants to last 3 months...i NEED more than that....i could smoke a quarter a day EASY...thats almost 2 oz a week..do the math....
 

BluffinCali

Well-Known Member
In a way I believe the law has helped us medical users as long as people dont go way overboard and try growing massive amounts. In my county (Tehama), which is normally rather conservative and strict, we just had the police return 20lbs to a guy that was growing under two liscenses and that was before the case was overturned. Now Im not an expert grower at all but I consistently get 1.5-4lbs off each outdoor plant which obviously gives me enough to last awhile. So in the end I dont really need to grow anymore in my situation, but for those of you who do need to I would just advise to keep it within reasonable quantity that you can prove is only for personal use. Ive almost always had to stash after harvest because I dont want to get caught with 15-25lbs and then try to defend myself in court, although I think the worst that would happen is my meds would get confiscated. We've had plenty of people up here get caught with large amounts, growing over their limits, etc. but in the end their not doing any jail time besides the day they got arrested or maybe a weekend. Im happy with the courts decision but I am concerned that people may look at this ruling as a way to grow much more than they could defend and I just dont wanna see things get out of control because in the end that just makes the medical laws seem corrupt in a way. Regardless of your personal situation the police still have the individual discretion to make an arrest if they want to, you may or may not get your meds back and even when you do its almost always been badly mishandled and basicly useless for smoking. So again Im happy but at the same time hope people use common sense and dont get in over their head, keep it simple and you'll always have your smoke and your freedom. Best wishes to everyone, take care.
 
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