# California will fight court ruling on medical marijuana



## FruityBud (Jun 6, 2008)

SAN FRANCISCO -- State Atty. Gen. Jerry Brown says he will challenge a recent appellate court decision that struck down California's guidelines on medical marijuana possession and cultivation, leaving patients and police wondering how much weed is too much.

Brown said in an interview this week that he would ask the California Supreme Court to overturn last month's decision by the state Court of Appeal in Los Angeles because it inhibits authorities' ability to control abuses while protecting legitimate access to cannabis.

The court ruled that the Legislature in 2003 made an unconstitutional amendment to the 1996 voter-approved Compassionate Use Act by specifying the amount of marijuana that patients could possess for medicinal purposes.

The decision, hailed by some medical marijuana advocates, has not only cast doubt on the legislations standard of 8 ounces of dried pot and six mature or 12 immature plants. It has also created a cloud of uncertainty over more liberal guidelines adopted by some counties, particularly those in the marijuana belt of the North Coast.

Brown, who supports medical marijuana, said the legislation was a reasonable approach to implementing a vaguely written ballot measure.

"The proposition is not as clear as we would like," he said. "You do not need an unlimited quantity of marijuana for medicine. But what is the quantity?"

The marijuana initiative was designed to provide access to patients with cancer, AIDS and other ailments. But its execution has created a hodgepodge of local marijuana controls.

In some locales, indoor and outdoor marijuana cultivation has aroused community backlash over the effect on neighborhoods, public safety and the environment.

Law enforcement officials have alleged that drug dealers are hiding behind the marijuana law. And medical marijuana advocates are worried that abuses by some are threatening the access of deserving people to a medicine.

The court decision, in late May, involved Patrick K. Kelly of Lakewood, who suffers from hepatitis C, back pains and cirrhosis. Kelly had a doctor's recommendation to use marijuana.

But a search of his home in 2005 yielded some marijuana plants and 12 ounces of dried pot. He was convicted of marijuana possession and cultivation after a prosecutor argued that he had more than the 8 ounces allowed under the state guidelines without a doctor's recommendation for more. His sentence: three years' probation and two days in jail.

In ordering a retrial, the appellate court found that legislation imposing a "cap" on the amount of marijuana was illegal because amendments to initiatives can be adopted only through a vote of the people.

 Some marijuana advocates greeted the ruling as welcome relief from any limits.

Others and the attorney general's office said the appellate judges misconstrued the legislation because it contains no firm caps.

They said the legislation set the six-plant threshold but allowed local governments or a patient's personal physician to set higher limits.

Authorities and several advocates said that without rules on quantity, police officers must figure out on their own how much medical marijuana is reasonable.

Kris Hermes of Americans for Safe Access, a patients group, said the absence of guidelines could prove "detrimental in the long run. . . . It's all left up to the discretion of the police and courts, and that is not good."

Modesto Police Chief Roy Wasden, a member of the California Police Chiefs Assn. board, said it would be a balancing act.

"Obviously, someone with 100 pounds probably would not be viewed as having a reasonable amount," he said. "And probably someone with a few ounces would."

 California Narcotic Officers Assn. lobbyist John Lovell likened the situation to a return to the Wild West.

When the appellate decision came down, the attorney general's office was close to issuing guidelines on medical marijuana for police who are concerned about criminal growing and dispensing, and for marijuana advocates who don't want narcotics officers breaking down their doors.

"We are trying to give guidance to patients as to how they can lawfully cultivate, acquire and possess," said Special Assistant Atty. Gen. Jacob Appelsmith. "And for law enforcement, we are trying to give them guidance."

In Humboldt County, where the growing guidelines are 100 square feet of leaf canopy and as many as 99 plants, Dist. Atty. Paul Gallegos said of the court ruling: "It changes everything. It . . . means no legal limitations."

The conundrum comes as another pot-tolerant county grapples with a revolt over its limits. A measure that was on Tuesday's ballot in Mendocino County would roll back a 25-plant cap that applied to recreational pot as well as medical marijuana.

With thousands of votes still to be counted Thursday, the repeal effort was ahead 52% to 48%.

Thirteen states have legalized medical marijuana, although the federal government does not recognize such laws. Only Washington has not spelled out the quantity of marijuana a patient can possess or grow; that state allows patients a 60-day supply.

*hxxp://tinyurl.com/4jo5fy*


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## The Effen Gee (Jun 6, 2008)

This is a big deal for me...


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## POTUS (Jun 6, 2008)

The real drag is that *any* Federal agent can step in and arrest anyone in the USA for as little as one gram of pot, anywhere, anytime they wish. The arrest will stick and can be prosecuted all the way to a jail term.

State laws do not and have never out-weighed Federal law. Federal law says MJ is illegal. Period.

The term "United States" cracks me up. It always has.

There aren't any two states in the USA that agree totally on anything.

So where is the "United" part?

hehe


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## Nova (Jun 6, 2008)

The Effen Gee said:
			
		

> This is a big deal for me...



For me as well!

I think they should ban alcohol and make MJ legal. Seriously, how many people do you know get MJ poisoning? Alcohol contributes to violence, not MJ! Id feel much safer with a pothead living next door to me than an alcoholic! 

This is a big step for anyone who lives in the state of CA! CA needs to, as a state, lobby for the legalization of MJ instead of quarreling about our petty situations in the state. I believe once the deal is sorted out federally, the states will sort it out and follow suit. 

Until the ban federally is lifted, it doesnt matter really what happens within the states! California is a huge contributor to this country, and has a very heavy influence on national policy! California needs to use its strength like it always has to push laws through! 

Either way, this is a good thing!

Nova


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## The Effen Gee (Jun 9, 2008)

Preach!


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## stunzeed (Jun 9, 2008)

Realistically the only one that would be hurt by legalization is the dealers!!!! To think differently in the times we live in is just absurd. Can ANYONE produce a realistic scenario that has marijuana legalization doing more harrm than good in todays day and age? I am soooooo happy that the next generation of lawmakers are STARTING to move into power. I imagine in the next ten years there is going to be huge reform on our drug policies as well as our corupt corrections departments across america. Just in case you didnt know there are now privately owned prisons that profit from locking human beings up. Whos stock on wall street goes up or down depending on how many inmates are housed. Think about that and what it means. America has only 5% of the earths population and we also have 25% of all inmates around the world........ These are absolutely true statistics. VERY SCARY!!!!!!!!

Sorry for the rant!!!!!! Just took a bong hit!!!!


Stunzeed..



Stunzeed..


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## Rehab is for Quitters (Jun 9, 2008)

FruityBud said:
			
		

> It has also created a cloud of uncertainty over more liberal guidelines adopted by some counties, *particularly those in the marijuana belt of the North Coast.*
> 
> *hxxp://tinyurl.com/4jo5fy*


 
Wow, I am psyched to learn that I live in the "marijuana belt"!! :aok: 

Sure beats the Bible Belt....


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## tcbud (Jun 9, 2008)

Yesterday or the day before, i heard on the news, 1 out of 10 houses in Arcata (Humbolt County, CA) are used to grow pot now.  This being said to be grown by people who are not medical MJ patients for the most part.  And these homes are being used only to grow, that is going on all over the nation. Apparently not at the rate it is in Arcata tho.

It will be interesting to see how the Great State of California works this out.  (California has the seventh largest economy in the world, last i noticed)


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## kubefuism (Jun 9, 2008)

H.R. 5842    H.R. 5843            Speak out and be heard.  House resolution acts, please contact your local house rep and tell him if he wants your vote, support these resolutions!!!


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## The Effen Gee (Jun 9, 2008)

Rehab is for Quitters said:
			
		

> Wow, I am psyched to learn that I live in the "marijuana belt"!! :aok:
> 
> Sure beats the Bible Belt....




PREACH!!


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## Nova (Jun 10, 2008)

California has the power to get MJ legalized!

Look at all this state has done for homosexuals to enter into marriage! If this state can push that through and have other states make similar laws that allow it, or atleast recognize the marriage. Think all of what it can do for the legalization of MJ. 

Seriously, nobody pushes CA around, we do the pushin round these parts! 

Im curious as to how this all goes down once the administration has changed. I believe a volley of changes will be taking place!

Nova


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## warzone (Jun 11, 2008)

i think the whole country needs to recognize this and the federal government needs to legalize marijuana every where Vote For warzone hell set it straight mwahahahahahahaha.


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## LowRider (Jun 11, 2008)

Rehab is for Quitters said:
			
		

> Wow, I am psyched to learn that I live in the "marijuana belt"!! :aok:
> 
> Sure beats the Bible Belt....


 
Hey don't knock us in the bible belt  , South Carolina had a bill going to legislative for medical marijuana.  i don't think it passed as i haven't heard anything.  It was actually brought to the house by a Republican.  His wife died from Cancer, unfortunately he died too, this pass year so i think the bill is waiting to be passed in  by our medical committee.  However i haven't heard anything since.  The bill was to cover only the truly ill.  it would be for like cancer patients, aids, stuff like that, not for backaches or Asama or anything remotely light in medical terms.


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## smokybear (Jun 11, 2008)

Hopefully Cali gets it all worked out and other states follow suit.....We shall see. Take care and be safe.


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