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Limits On Medical Marijuana Termed Unconstitutional
It said that the restrictions imposed by the Legislature were an unconstitutional amendment of a 1996 voter-approved initiative. The resulting Compassionate Use Act had made California the first state to legalize medical use of marijuana.
But in 2003, the Legislature amended the Act to give guidance to patients and law enforcement officials. The Legislature decided that patients could have up to 8 ounces of dried marijuana and grow as many as six mature or 12 immature plants. The law also allowed a patient to have more if a doctor stated that amount was insufficient.
The court concluded that those restrictions improperly amended the Compassionate Use Act, which was approved by voters and includes no provision that allows the Legislature to amend it.
The decision means that patients and caregivers with a doctor's recommendation to use marijuana can now possess as much as is "reasonably related to the patient's current medical needs," a standard that the court established in a 1997 decision, John Hoeffel wrote in Los Angeles Times.
However, Chief Justice Ronald George maintained the possession and cultivation limits still applied to the identification cards authorized by the same law, and while card holders could not be arrested as long as they did not possess over 8-oz. of marijuana, individual counties had the power to increase the amounts.
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