[Medpatient]

I feel this is important for everyone. This is in regards to the appellate courts decision that the limits in SB420 are Unconstitutional.

2. People v. Kelly: What Does it Mean to Me?

By Noah Mamber, ASA Legal Services Coordinator

On May 22, in People v. Kelly, the CA Court of Appeal for the 2nd Appellate District overturned defendant's conviction for possessing 12 oz. of marijuana. At trial, the prosecutor had successfully argued to the jury that Kelly’s possession of the marijuana was illegal because he had exceeded the “caps established by Health & Safety Code § 11362.77 of S.B. 420” without a relevant doctor’s exemption. The appellate court reversed the conviction because it found that the S.B. 420 guidelines were “caps” on the amount of marijuana a patient may possess and such “caps” were an unconstitutional amendment of Proposition 215.

This is a published decision, but it is likely that the CA Attorney General will file a request for review by the CA Supreme Court. It is ASA’s position that the court achieved the right result (overturning the conviction), but used the wrong reasoning. While the S.B. 420 quantities would constitute an unconstitutional amendment of Proposition 215 if they limited the amount of marijuana a patient could possess, the California Supreme Court found, in People v. Wright, that the quantities are not "caps," but rather thresholds, and therefore not an unconstitutional amendment of a voter-approved initiative.

While this is a positive ruling for patients, and it demonstrates that another appellate court is willing to stand up for us, patients should not rely on this decision and everyone should continue to obey their county’s guidelines, and obtain any appropriate exemptions.

[Shankar]

I could not agree more, it seems that we are already under the scrutiny of the law on a case by case basis. We have our state guidelines, but so many law enforcement officers choose to interpret or ignore the law in an arbitrary and capricious manner. I have read so many reports by people of how they were arrested for following the state law. If all the different government agencies adhered to the rules, all would be fine, but they don't. Maybe on a technicality things are slightly different, but the reality is that it is still the same.