cannabisnews.com: Supreme Court To Consider Marijuana Limits










  Supreme Court To Consider Marijuana Limits

Posted by CN Staff on August 20, 2008 at 16:05:19 PT
By Linda Williams, TWN Staff Writer 
Source: Willits News  

California -- Last Wednesday the California Supreme Court unanimously agreed to hear the case of California vs Patrick Kelly to determine whether any limits imposed by the legislature to the Compassionate Use Act is constitutional. While the California Supreme Court takes up the issue, the existing limits in the California Health and Safety Code remain in effect throughout much of California. For Mendocino County, the limits are a bit murkier as the ongoing legal challenge to the portion of Measure B, which had the county adopt the state limits may await the final Supreme Court decision.
Superior Court Judge John Behnke in his August 8 decision on the challenge to the Measure B limits ruled "if the state legislature cannot amend a stat law passed by initiative (the Compassionate Use Act) by passing specific legislation certainly the electorate of a county can't amend a statewide initiative by passing a local ordinance or initiative."While this decision was made prior to the Supreme Court accepting the Kelly case for review, Behnke cited the more recent appeals court ruling from July 31 of California vs Phomphakdy as raising similar issues to the Kelly case although it cannot be cited for 30 days and also may be accepted by the Supreme Court for further review. The Behnke decision leaves the county effectively without any new guidelines for law enforcement, although the statewide limits appear to serve as a minimum protection for medical marijuana users, at least until the Phomphakdy case either becomes law on August 30 or is accepted for Supreme Court review. A review of California vs. Patrick Kelly:A Los Angeles County medical marijuana case, which most agree would never have seen a courtroom in Mendocino County, has raised questions on whether any limits imposed by the legislature to the Compassionate Use Act is constitutional. The Court of Appeal in the case of California vs. Patrick Kelly ruled limits on medical marijuana possession imposed by the Health and Safety Code to be unconstitutional. In July, the state Attorney General petitioned the state Supreme Court to review the case. On August 13, the Supreme Court agreed to hear the case, leaving in place the current provisions of the Health and Safety Code. In California vs. Patrick Kelly, the appeals court overturned Kelly's 2006 conviction for possession of more than an ounce of marijuana for which he received a sentence of 2 days in jail and 3 years probation. The jury was asked, but declined, to convict Kelly of possession and cultivation of marijuana for sale. A summary of the case reveals a substantially different prosecutorial atmosphere in Los Angeles County than prevails in Mendocino County. According to court records, Kelly suffers from several ruptured vertebrae causing severe back pain, as well as mood disorders, hepatitis, nausea and lack of appetite, which he had tried treating with epidurals, pain therapy, hot and cold braces, nerve stimulators and medication. Dissatisfied with this treatment plan, in part due to the cost of pain management pills, Kelly sought a recommendation to use marijuana, which he received in 2005. Unable to afford marijuana from a dispensary, Kelly began growing a few plants at his home, consuming between one and two ounces per week. Based on a tip from an informant and the visibility of some pot plants in the backyard, law enforcement officers obtained a search warrant for Kelly's home and confiscated 12 ounces of processed pot stored in 2-ounce baggies, seven potted marijuana plants, a loaded gun in the nightstand and a scale. Kelly had taped a copy of his valid medical marijuana recommendation to the garage door including a phone number where it could be verified 24 hours a day, keeping the original copy in his bedroom. The deputy called and verified the validity of the recommendation. One plant had a homemade trip wire constructed from Christmas wrapping and bells.Because Kelly had about 4 ounces more marijuana than allowed under the California Health and Safety Code and did not have a special doctor's recommendation to exceed the code amount, he was arrested for cultivation and possession of marijuana for sale. The charges were filed despite the lack of any evidence associated with the sale of marijuana such as nickel and dime bags, pagers, cell phones, pay-owe sheets, money, safes or elaborate growing systems at the Kelly residence. Kelly denied ever selling marijuana. The case went to a jury trial. During the trial, according to the appeal, the prosecutor improperly instructed the jury that because the Health and Safety Code set an eight-ounce possession maximum for medical marijuana, the possession of more, which was not specifically authorized by a recommendation, was illegal. The case was overturned and a new trial ordered.Although the court also declared the current Health and Safety Code limits unconstitutional, when the Supreme Court agreed to take up the case, that declaration was set aside pending the outcome of a future Supreme Court ruling. Source: Willits News (CA)Author: Linda Williams, TWN Staff WriterPublished: August 20, 2008Copyright: 2008 The Willits News Contact: editorial willitsnews.comWebsite: http://www.willitsnews.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #27 posted by FoM on August 24, 2008 at 08:16:53 PT
Storm Crow 
Maybe that's how to do it. Kill them with kindness! LOL! Don't mind me I'm listening to a cool surfing cd.
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Comment #26 posted by Storm Crow on August 24, 2008 at 08:00:22 PT
FoM....
Even among the Republicans there is some hope! I recently sent my big list of MMJ studies to compassionaterepublicans.com.
"Compassionate Republicans" (although in most cases that is an oxymoron)is the small faction that supports MMJ. I'm a Democrat, so I couldn't resist causing a bit more dissension among their party by giving the CR some good "ammo" against the majority of their party! They thanked me for it. lol 
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Comment #25 posted by FoM on August 23, 2008 at 13:22:15 PT
BGreen
I think what we might get this election is better then anyone we got in the past. This is a new age. A new time. Old things are passing away now and I am happy to be able to say bye bye.
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Comment #24 posted by BGreen on August 23, 2008 at 13:15:44 PT
It's certainly better than McCain
McCain wants to lock up anybody using cannabis, but he owns more houses than he can count because he and his wife own Hensley, which is ... well, here's what their website says: "Today Hensley is the third largest Anheuser-Busch wholesaler in the nation (out of nearly 800) with sales that in 2007 exceeded 23 million cases of A-B beers sold and nearly a 60 percent market share. Hensley operates a sales and delivery fleet of more than 600 vehicles and services a customer retailer base consisting of 5,000 accounts. Hensley has three warehouse facilities, one in Phoenix, Chandler, and Prescott Valley."http://www.abwholesaler.com/hensley/AboutUs/AboutUsSo, McCain wants cannabis users to give up cannabis and drink that domestic swill they distribute. You know, the substance that directly kills over 400,000 Americans every year, and many, many more through the actions of those that partake of their poison.That's hypocrisy that we can't even afford to allow as President, so Obama/Biden looks like our only hope.The Reverend Bud Green
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Comment #23 posted by FoM on August 23, 2008 at 13:03:51 PT
BGreen
I think it might just work. A future President and Vice President that said they would stop the raids on medical marijuana patients. Finally we might see some positive changes.
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Comment #22 posted by BGreen on August 23, 2008 at 12:58:41 PT
Relax, OverwhelmSam
Even my Dad has mellowed out on his view on cannabis prohibition, and he's 71-years-old.I remember Biden being very forceful in his insistence that he would stop the DEA raids against medical cannabis patients.That is so much better than we've ever had, so let's just relax for now and then hold these elected officials to their word.The Reverend Bud Green
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Comment #21 posted by FoM on August 23, 2008 at 12:06:04 PT
BGreen
Today is so great. Obama is speaking now in Springfield. Having hope is such a wonderful thing.
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Comment #20 posted by OverwhelmSam on August 23, 2008 at 11:51:05 PT
He Could Be President
I'm just saying, Biden's history on hateful drug laws has lacked common sense, been cruel and caused grevious carnage. I guess we'll see what happens.
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Comment #19 posted by FoM on August 23, 2008 at 11:28:02 PT
BGreen
I think Joe Biden has a genuine conscience. That's a beginning.
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Comment #18 posted by BGreen on August 23, 2008 at 11:25:51 PT
Biden is also an attack dog
I think Joe Biden is the one that can finally call McCain on his bull$#!^ lies.Go get 'em, Joe!The Reverend Bud Green
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Comment #17 posted by BGreen on August 23, 2008 at 11:19:45 PT
Joe Biden
Yes, in the past Joe Biden has been our enemy.In this primary season, Joe Biden was one of the most outspoken critics of the DEA and their attacks on medical cannabis patients. In fact, if I remember correctly, Biden was even more emphatic than Obama that he would stop the raids.It's not that I believe everything politicians say, but Obama and Biden were clear on their stance and we need to hold them to their words.The Reverend Bud Green
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Comment #16 posted by FoM on August 23, 2008 at 09:46:40 PT
OverwhelmSam
I wanted to mention that I heard Biden say he was sorry about drug laws. The disparity between Cocaine and Crack I think he was referring to. He can fix it now. We all can change if we want to. I think he is a person who can learn, admit error and change.
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Comment #15 posted by FoM on August 23, 2008 at 06:38:59 PT
Republicans
I don't know that there is anyone on the Republican side that will be progressive when it comes to medical marijuana laws.
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Comment #14 posted by FoM on August 23, 2008 at 06:37:12 PT
OverwhelmSam
I think Joe Biden will be ok when it comes to medical marijuana. He said he would stop the raids on medical marijuana patients. That's what is important to me.
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Comment #13 posted by OverwhelmSam on August 23, 2008 at 06:29:59 PT
Isn't Biden A Hardcore Drug Warrior?
Just playing Devil's advocate, what kind of impact will Biden have on Obama's drug policy? I mean, Biden is kind of a fanatic when it comes to drugs. He created the Drug Czar's office, is responsible for all kinds of unconstitutional drug laws, and even wants cigarette smoking banned in public and inside our own homes. I don't know about this development guys, what do you think? 
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Comment #12 posted by FoM on August 23, 2008 at 05:55:27 PT
fight_4_freedom 
I was hoping it would be Joe Biden. Clinton was the only one that I didn't want for him to pick. Joe Biden said he would stop the raids on medical marijuana patients. We now have Obama and Biden on our side. That's good news for your state.
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Comment #11 posted by fight_4_freedom on August 22, 2008 at 22:36:22 PT
Obama selects Joe Biden 
as V.P. pick. I just heard the news. 
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Comment #10 posted by FoM on August 22, 2008 at 21:19:53 PT
John Tyler 
It seems interesting. I hope we see and hear more about it. Most people put clips of shows on Youtube. Maybe we will see some of the concert that way first.
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Comment #9 posted by John Tyler on August 22, 2008 at 21:11:53 PT
re#6 Mystic Orchestra
I only recognized 2 names Chuck Negron of CCR and Melanie. I think a lot of the people were really good "sidemen". The sample music was great. I wish they had a CD or better yet a concert DVD available. 
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Comment #8 posted by dongenero on August 21, 2008 at 19:05:51 PT
comment # 4
Beautiful!I sure hope that is legit Sam! It is certainly what the Feds have been doing!
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Comment #7 posted by FoM on August 21, 2008 at 08:54:00 PT
John Tyler
This does look very interesting. I could use a night away like this.The Mystic Orchestra: Flashback Classic Rock ExperienceFlashback -The Classic Rock Experience is a live music event featuring classic rock of the ‘60s & ‘70s. The Mystic Orchestra will perform 30 of the best classic rock songs ever recorded, but presented in an event that takes audiences on a sensory journey — a journey that enhances the original songs by adding richer sounds, intelligent lighting, video animations and special effects that creates an environment in which audiences not only hear the songs but experience them. http://www.ticketmaster.com/artist/1238219&tabs=mtou
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Comment #6 posted by FoM on August 21, 2008 at 08:44:18 PT
John Tyler
I've been checking this out. I see the Ohio dates. Since I am not good with most musician's music are there famous musicians in this tour? It does look very interesting.http://www.flashbacktour.com/
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Comment #5 posted by FoM on August 21, 2008 at 05:31:46 PT
John Tyler
I'm not good with musicians names but I recognized Stairway To Heaven. I looked but didn't see any Ohio dates. It really seems interesting.
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Comment #4 posted by OverwhelmSam on August 21, 2008 at 03:48:27 PT
BREAKING: COOOOOOOL
Hey guys, is this legit? It looks real to me! Feds cannot interfere with state law.http://newsroom-l.net/newsroom/?p=450
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Comment #3 posted by John Tyler on August 20, 2008 at 21:08:50 PT
OT again
Has anyone seen the Flashback Tour Classic Rock Concert and Light Show featuring the Mystic Orchestra? http://www.flashbacktour.com/ 
They are coming to my area in a month or so and their web site looks great. I would like to go, but only if they are really good. It‘s been a long time since I have seen a light show by and for a select audience who can appreciate it.
They are playing 3 dates in Ohio too.
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Comment #2 posted by John Tyler on August 20, 2008 at 20:57:41 PT
OT, but
I was thinking about this the other day. I was wondering if the mini-war between Russia and Georgia was “set up” by the Republicans to help them steal/win the November election. I could be wrong, but it looks so convenient. On the day it started Bush and Putin were both at the Olympics looking chummy. 
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Comment #1 posted by HempWorld on August 20, 2008 at 16:49:22 PT

Only with Mari ju ana can we have the US Legislatu
re play doctor, once again!Can they please also set the limits for Oxycontin and Xanax, etc.?Cops play doctor, judges play doctor, now supreme court, because Mari ju ana, a racist term for cannabis, well, you just can't have it! We decide!
On a mission from God!
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