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The California Supreme Court, at a special session in Berkeley on Tuesday, appeared likely to strike down a state law that sets an 8-ounce limit on the amount of medical marijuana a patient can possess at one time.
The court found itself in the unusual position of having a prosecutor and a defense attorney in a criminal case agree it would be unconstitutional to prosecute genuine patients for violating the limit.
Deputy California Attorney General Michael Johnsen told the court, "We are basically on the same path."
Johnsen, representing prosecutors, and Santa Clara University law professor Gerald Uelmen, representing a medical marijuana patient, both said the limit set by the Legislature in 2003 is an unconstitutional amendment of the state's voter-approved Compassionate Use Act of 1996.
Their only disagreement was in how the court should go about invalidating the limit procedurally and whether the panel should explicitly uphold another part of the 2003 law that sets up an identification card program.
The hearing on the appeal by Patrick Kelly of Los Angeles County of his marijuana possession conviction was part of an outreach session held by the court at the School of Law at the University of California at Berkeley.
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