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The California Supreme Court struck down state imposed limits on how much medical marijuana a patient can legally posses. The California Supreme Court’s decision to strike down the states restrictions on medical marijuana possession clears the way for patients to possess an amount deemed by a physician to be medically necessary for that patient’s needs.

In 1996, California voters approved Proposition 215 (aka “The Compassionate Use Act”) which allowed for patients with a doctor’s recommendation to possess an unspecified amount of marijuana.

In 2003, in a purported effort to clarify for law enforcement when they can arrest someone for marijuana possession, the California legislature passed into law limits on the amount of medical marijuana a patient can legally possess. Under the restrictions, medical marijuana patients could possess up to 8 ounces of dried marijuana and grow as many as six mature or 12 immature plants.

Today, the California Supreme Court struck down the state’s limits on medical marijuana possession finding that the 2003 legislative restrictions were an unconstitutional amendment of the Compassionate Use Act as it was a voter-approved initiative and it does not provide for the state legislature to amend it.

Source: The Los Angeles Times

Image: Marijuana and Cannabis Blog

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Tags: california supreme court, Compassionate Use Act, medical marijuana possession, prop. 215

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This entry was posted on Thursday, January 21st, 2010 at 5:02 pm

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