News (Media Awareness Project) - US CA: Supreme Court Hears People vs. Kelly Arguments |
Title: | US CA: Supreme Court Hears People vs. Kelly Arguments |
Published On: | 2009-11-05 |
Source: | Willits News (CA) |
Fetched On: | 2009-11-06 15:21:04 |
SUPREME COURT HEARS PEOPLE VS. KELLY ARGUMENTS
The California Supreme Court heard oral arguments in a live televised
broadcast Tuesday morning for the pivotal medical marijuana case of
People vs. Kelly. The special session was held at the University of
California, Berkeley, School of Law.
The landmark case could decide whether any limits on possession of
marijuana for medical purposes can be legally imposed by the
Legislature. A ruling on the constitutionality of the limits could
end the hodgepodge of interpretations currently in place.
The Supreme Court agreed to hear the case in August 2008, leaving in
place the California Attorney General's guidelines also issued in
August 2008. A ruling in December 2008 by Mendocino County Superior
Court Judge John Behnke allowed the Measure B limits approved by
Mendocino County voters in June 2008 to take effect.
Current marijuana possession requirements remain: "Qualified patients
and primary caregivers who possess a state issued identification card
may possess eight ounces of dried marijuana, and may maintain no more
than six mature or 12 immature plants per qualified patient. But, if
a qualified patient or primary caregiver has a doctor's
recommendation that this quantity does not meet the qualified
patient's medical needs, the qualified patient or primary caregiver
may possess an amount of marijuana consistent with the patient's
needs." (California Health and Safety Code).
Growing more than 25 marijuana plants on any county parcel remains
prohibited as a public nuisance. This limit applies no matter how
many qualified patients or caregivers are involved in the grow.
The California Supreme Court heard oral arguments in a live televised
broadcast Tuesday morning for the pivotal medical marijuana case of
People vs. Kelly. The special session was held at the University of
California, Berkeley, School of Law.
The landmark case could decide whether any limits on possession of
marijuana for medical purposes can be legally imposed by the
Legislature. A ruling on the constitutionality of the limits could
end the hodgepodge of interpretations currently in place.
The Supreme Court agreed to hear the case in August 2008, leaving in
place the California Attorney General's guidelines also issued in
August 2008. A ruling in December 2008 by Mendocino County Superior
Court Judge John Behnke allowed the Measure B limits approved by
Mendocino County voters in June 2008 to take effect.
Current marijuana possession requirements remain: "Qualified patients
and primary caregivers who possess a state issued identification card
may possess eight ounces of dried marijuana, and may maintain no more
than six mature or 12 immature plants per qualified patient. But, if
a qualified patient or primary caregiver has a doctor's
recommendation that this quantity does not meet the qualified
patient's medical needs, the qualified patient or primary caregiver
may possess an amount of marijuana consistent with the patient's
needs." (California Health and Safety Code).
Growing more than 25 marijuana plants on any county parcel remains
prohibited as a public nuisance. This limit applies no matter how
many qualified patients or caregivers are involved in the grow.
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