Pubdate: Thu, 5 Nov 2009
Source: Willits News (CA)
Copyright: 2009 Willits News
Contact:  http://www.willitsnews.com/
Details: http://www.mapinc.org/media/4085
Author: Linda Williams
Referenced: The broadcast in 2 parts 
http://www.calchannel.com/channel/viewVideo/829 and 
http://www.calchannel.com/channel/viewvideo/830

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.
- ---
MAP posted-by: Richard Lake