California Supreme Court Rejects Limits On Medical Marijuana

In a court ruling that makes the state's confusing medical marijuana laws even more so, the California Supreme Court overturned a 2003 law limiting the amount of marijuana that may be possessed under California's Medical Marijuana Program.

The Medical Marijuana Program (MMP) was established to provide a medical marijuana identification card issuance and registry program for patients and their caregivers. The system is web-based and allows the public and law enforcement to verify the validity that a patient or caregiver's card authorizes them to possess, grow, transport and/or use Medical Marijuana in California.

The high court unanimously ruled that Health and Safety Code 11362.77 which allowed patients to possess no more than eight ounces of dried marijuana, was an unconstitutional effort by California legislators to alter Proposition 215, which was a voter-approved initiative. they ruled that because the amendment was not approved through this initiative process, they found:

The Legislature is powerless to act on its own to amend an initiative statute. Any change in this authority must come in the form of a constitutional revision or amendment to article II, subdivision (c). Therefore, we are compelled to conckude that section 11362.77 impermissibly amends the Compassionate Use Act.

The legislation did not establish specific quantity limits. The decision means that patients with their doctor's recommendation to use marijuana can now possess as much as is "reasonably related to the patients current medical needs", a standard that the court establised in a 1997 decision. The wording of this lesislation is broad and can be confusing.

With such a complicated criminal matter, you need a highy experienced  Los Angeles Medical Marijuana Attorney in order to protect your rights.

If you or someone you know has been arrested for violation of  Los Angeles Medical Marijuana laws, call the attorneys at Goldstein Law Group for a free consultation and to find out what your options are.  Choosing the right attorney can be the most important decision you will make when facing criminal charges.