California lifts limits!!!!

[Budhog]

:sun2::D:anim_19::rauch08:

http://www.reuters.com/article/idUSTRE60L0GB20100122

The high court ruled lawmakers improperly "amended" the voter-approved law that decriminalized possession of marijuana for "seriously ill Californians" with a doctor's prescription by limiting patients to eight ounces (227 grams) of dried marijuana and six mature or 12 immature plants.

The Compassionate Use Act, passed by California voters in 1996, set no limits on how much marijuana patients could possess or grow, stating only that it be for personal use.

In 1997, the state's Supreme Court defined a lawful amount as enough to be "reasonably related to the patient's current medical needs."

The state's quantity limits were passed in 2003 as part of a voluntary identification card program designed to protect against both drug trafficking and wrongful arrest by allowing police to quickly verify a patient's prescription.

The court on Thursday let stand the voluntary card program but found that the limits it imposes should not "burden" a person's ability to argue under the Compassionate Use Act that the marijuana possessed or grown was for personal use.

California Attorney General Jerry Brown said in a statement the decision "confirms our position that the state's possession limits are legal" as applied to medical marijuana cardholders.

A lawyer for plaintiff Patrick Kevin Kelly could not be reached immediately for comment.

Kelly, who obtained a prescription for medical marijuana to alleviate a range of medical issues including hepatitis C, back problems and depression, did not register in the card program.

He was arrested in 2005 for growing marijuana plants and possessing 12 ounces of dried marijuana and was found guilty of marijuana cultivation and possession.

The case is People v. Kelly, Case No. S164830, California Supreme Court.

(Reporting by Gina Keating; Editing by John O'Callaghan)

 

[Dalonewolf]

The avatars say it all

 

[Budhog]

Hell yeah. This effectively does away with any grow limit for qualified MMJ patients. Oh Happy Day!!! :party0023:

 

[DUBSteppin]

Hopefully more states take on this same principal, otherwise Cali might get a little crowded.

 

[Budhog]

It's already crowded. But there's plenty of room!

 

[CAPO]

now that is funny

It's already crowded. But there's plenty of room!

:)LMAO comment of the day! ^^^^^

 

[kushpheen]

The limits SB420 introduced will now only apply to the people who have voluntarily registered with the state. This is less than 10% of cali's estimated medical marijuana users. I'm guessing the state is going to be losing the other 10% shortly...weeeeeeeeee:boogie:

 

[markscastle]

This ruling stands for all medical growers! The ruling didn`t address those registered with a county health card except to state they could not be arrested for lawful medical use.Those who only have a doctors recomendation can be held until validated only.Once confermed they are medical users, they also must be let go also.

The cops have asked me if I had a doctor`s recomendation but once I stated I did they weren`t intrested in seeing it when I offered.The only people who have even looked at it were despenceries who went as far as checking with the doctor before they allowed me inside. I don`t see the need for a county card.

 

[greenthumbdanny]

Still would not go over 100 plants.. Your fucked if you do by the feds.

:passingjoint:

gtd

 

[squarepusher]

Still would not go over 100 plants.. Your fucked if you do by the feds.

:passingjoint:

gtd

this, mandatory sentencing

 

[Budhog]

Well yeah, keeping it under a hundred goes without saying. I hear they are trying to scale back mandatory minimums. Until then it is always better to be safe.

Which brings me to this question: My wife is also a qualified med patient. Is it under 100 per qualified med patient living in the house or under 100 per grow?

 

[Billygoat]

Still would not go over 100 plants.. Your fucked if you do by the feds.

:passingjoint:

gtd

Danny is totally correct. You do not want to go over 100 plants. When I was raided back in the day. The only thing I ask and was very clear with the LEO that raided me. I know my plant count and don't try bumping it up.

Since, i was under the 100 plant count. DEA, could not file charges. That's when the Marshalls when after me for back taxes and took my nice SUV.

My point! With this new change. Play it safe and stay under the county plant count. This is good news for those that was forced to follow the 6/12 count.
Take care,
BG

 

[Budhog]

This is good news for those that was forced to follow the 6/12 count.
Take care,
BG

Yeah and that is us. Although, we were able to have 12 mature since there are 2 of us, this makes it a lot nicer

 

[greenthumbdanny]

Well yeah, keeping it under a hundred goes without saying. I hear they are trying to scale back mandatory minimums. Until then it is always better to be safe.

Which brings me to this question: My wife is also a qualified med patient. Is it under 100 per qualified med patient living in the house or under 100 per grow?

That is 100 per grow>>>Not per person:giggle
That would be pretty damn cool tho

:passingjoint:

gtd

 

[southstreets]

so basically or county regulates how much we can grow????

 

[Budhog]

That is 100 per grow>>>Not per person:giggle
That would be pretty damn cool tho

:passingjoint:

gtd

Hey. Can't blame a guy for trying :tongueout

 

[revolutionseeds]

so basically or county regulates how much we can grow????

From what I've read, no. State law trumps local law, so technically the only way to add limits to SB420 is to vote them in, from what I understand.

 

[kushpheen]

This ruling stands for all medical growers! The ruling didn`t address those registered with a county health card except to state they could not be arrested for lawful medical use.Those who only have a doctors recomendation can be held until validated only.Once confermed they are medical users, they also must be let go also.

"California Attorney General Jerry Brown said in a statement the decision "confirms our position that the state's possession limits are legal" as applied to medical marijuana cardholders."

This statement by Jerry Brown is what I was referring to Mark, it appears he's saying that registering with the states voluntary ID card program means your willing to accept and abide by the limits sb420 enacted.

 

[Rolln J]

reactions to lifting the sb420 limits

REACTION to the Kelly decision: Omar Figueroa, San Francsico attorney specializing in marijuana cases.

Ukiah Daily Journal Staff
Updated: 01/21/2010 03:44:48 PM PST


"It's great news. It was a unanimous opinion, and it was offered by Chief Justice George. I thought that was pretty interesting, because this does not strike down the guidelines, what it did is it disallowed the unconstitutional application of the guidelines against patients. The guidelines can still protect patients but they can't be used against them. It also says patients can have whatever amount is reasonably related to their medical needs." Figueroa said in light of the Kelly decision, he anticipates the Mendocino County Superior Court will find unconstitutional the county's ordinance that sets a 25-plant-per parcel limit on medical marijuana grown in the county.
The ordinance is currently the object of a lawsuit against the county, filed on the premise that the limits the ordinance sets are unconstitutional.
"It's a pro-defense opinion, and it's going to make it easier to defend caregivers, patients, and members of cooperatives and collectives, because they will not be straitjacketed by artificial limits," Figueroa said.
He said marijuana cases could become lengthier and more complex, because more medical testimony will be needed to show how much marijuana a patient reasonably needed for a medical condition.
"This is going to have a broad impact, and probably what will happen is that in Mendocino County, dozens of medical marijuana cases are going to be dismissed."
He believes legislation going on the November ballot that would legalize marijuana is likely to pass, and if it does, law enforcement will focus on cannibis coffee shops like the ones in Amsterdam and "lay off the medical community."

REACTION to the Kelly decision: Mendocino County Sheriff Tom Allman

Ukiah Daily Journal Staff
Updated: 01/21/2010 03:44:34 PM PST


"This does nothing to improve public safety in Mendocino County.This is akin to having a freeway with no speed limit, because on a freeway with no speed limit people can go as fast as they want, depending on the emergency they think they have. Now people can have as much marijuana as they want, depending on what they and their doctors decide." After speaking with Mendocino County Counsel Jeanine Nadel, Allman said he and Nadel believe the county's 25-plant-per-parcel limit will not be affected by the Kelly decision.
"Our strategy will continue," Allman said. "We will continue to go after commercial marijuana growers. The court decision today affirms that our strategy is correct about the way to target marijuana growers."

 

[kushpheen]

{After speaking with Mendocino County Counsel Jeanine Nadel, Allman said he and Nadel believe the county's 25-plant-per-parcel limit will not be affected by the Kelly decision. "Our strategy will continue," Allman said. "We will continue to go after commercial marijuana growers. The court decision today affirms that our strategy is correct about the way to target marijuana growers." }

Lets see how jury's in Mendo feel about that Tom Allman. With your county struggling to make fiscal ends meet, do you really think you have the public's support (definitely lost the legal support) to continue spending 100's of thousands of dollars arresting and prosecuting pot cases? It might cost $10k-$20k to provide a reasonable defense for a medical marijuana case, but it has to cost at least $100k for the state to prosecute the same case. This kind of frivolous government spending is the reason we have budget issues in the first place. If you continue to prosecute medical marijuana patients based on your unconstitutional guidelines, you will be out of a job fast. Your a public servant, serve and protect the public, stop wasting our tax dollars.

"He believes legislation going on the November ballot that would legalize marijuana is likely to pass, and if it does, law enforcement will focus on cannibis coffee shops like the ones in Amsterdam and "lay off the medical community."

I get the feeling there won't be much of a medical community to go after, dispensaries will likely close or reopen as 'coffee shops'. Large scale licensed growers will be flooding branded weed to any available retail outlet. Cities will either ban or require home cultivators to be licensed $$$, regulated and inspected regardless if its medical or not.

Please, will somebody please think of the children :worried