MEASURE B CHALLENGE FAILS

Mendocino County Superior Court has denied claims that marijuana
limits imposed by Measure B are unconstitutional, unless the
California Supreme Court changes its interpretation of the state
Health and Safety Code.

With two critical marijuana cases now under review by the California
Supreme Court, a section of the Health and Safety Code pertaining to
limits is valid, Mendocino County Superior Court ruled Dec. 30.

In March of 2008, petitioners Paula Laguna and George Hanamoto
contended Measure B, which was later approved by county voters in
June, was unconstitutional and sought to have the measure removed
from the ballot. In April, the petition was denied by the court.

In May, petitioners again contended the measure was unconstitutional
based on the case of People v Kelly from the Second Appellate
District. At that time, the motion was denied under the terms that a
post-election challenge of Measure B's limits' would be accepted.

After the election, efforts were again renewed to have limits imposed
by the measure declared unconstitutional based on People v. Kelly.

On Aug. 8, Mendocino County Superior Court followed the precedent of
Kelly and another case, People v. Phomphakdy, and said that the
limits section of Measure B, which was taken from the Health and
Safety Code, was an unconstitutional amendment to the state's medical
marijuana Compassionate Use Act.

Also on Aug. 8, the California Supreme Court granted review for Kelly
and Phomphakdy, the two cases that Mendocino County Superior Court
relied on for its ruling in August, according to Superior Court documents.

When the California Supreme Court grants review, the opinions that
are under review do not stand, stated documents. "As a result of the
actions of the Supreme Court, neither Kelly nor Phomphakdy may now be
relied on," the court wrote Dec. 30.

Judge John A. Behnke ruled against petitioners Laguna and Hanamoto,
but indicated he would reconsider the matter if the California
Supreme Court interprets the Health and Safety Code, section 11362.77
in the way the petitioners suggest.