Unlimited Pot

Last week a California appeals court ruled that a statutory limit on the amount of marijuana a patient may possess for medical use is unconstitutional. A 2004 law set a limit of eight ounces of dried marijuana, plus six mature plants or 12 seedlings. In a case involving a patient charged with possessing 12 ounces of pot, the court said the Compassionate Use Act (CUA), the 1996 ballot initiative that legalized the medical use of marijuana, can be amended only by another popular vote, not by ordinary legislation:

The Legislature...cannot amend an initiative, such as the CUA, unless the initiative grants the Legislature authority to do so. The CUA does not grant the Legislature the authority to amend it without voter approval....

The CUA does not quantify the marijuana a patient may possess. Rather, the only "limit" on how much marijuana a person falling under the Act may possess is it must be for the patient's "personal medical purposes."

Here is a PDF of the decision.

[via the Drug War Chronicle]

Comments

The Widow White | May 30, 2008, 4:39pm | #

8 oz is a shitload of weed.

jhh | May 30, 2008, 4:42pm | #

stupid site

T | May 30, 2008, 4:44pm | #

So only the Judiciary can amend an initiative measure that doesn't include the authority to do so. Got it.

Episiarch | May 30, 2008, 4:44pm | #

8 oz is a shitload of weed.

It's just half a lid, man.

dhex | May 30, 2008, 4:51pm | #

a garbage can lid, maybe.

MP | May 30, 2008, 4:53pm | #

I didn't realize that CA had created grounds for prosecuting MedMJ patients. Glad to see this decision. Hopefully Obama will put the brakes on the DEA and we'll see some freedom restored to CA.

So only the Judiciary can amend an initiative measure that doesn't include the authority to do so. Got it.

And your basis for saying that is what exactly?

TrickyVic | May 30, 2008, 4:53pm | #

T, they are not amending the initiative, they are upholding it as written. They are pointing out to the lawmakers that they need to include the clause that gives them the authority to amend if they wish to do so.

sage | May 30, 2008, 5:17pm | #

It's just half a lid, man.

Isn't that eight lids?

Episiarch | May 30, 2008, 5:21pm | #

A lid is a pound, I thought, not an ounce.

Mister DNA | May 30, 2008, 5:46pm | #

Definitely not an authority on countercultural weights and measures, The wiki at Answers.com has this to say:

The term 'lid' of marijuana goes back to the 60's. Back then you could buy a 'lid' or a 'can' of pot. The can was aproximatley 1 oz, the lid was1/8 oz. The term came from the practice of breaking up a brick (a kilo or later a key) of tightly packed marjijuana and storing and selling it in Price Albert tobacco cans. A can held aproximatley one ounce. the lid would hold aproximatley1/8 oz.

When I first purchased marijuana in 197mumble (the same year "Wha' Happened?" debuted on TV) a "lid" was the basic equivalent of "bag of pot" - depending on quality, it could be two fingers' worth of good stuff, or four fingers worth of dirt weed.

First time commenter, long time wanker. | May 30, 2008, 6:46pm | #

"Episiarch: A lid is a pound, I thought, not an ounce."

Incorrect. Please hand in your libertarian party credentials at the door.

First time commenter, long time wanker. | May 30, 2008, 6:47pm | #

Gee, maybe I'm wrong then.

/me hands in libertarian party credentials at door.

Michael Ejercito | May 30, 2008, 6:51pm | #

So this issue will have to go on the ballot and be passed by the voters before they do so.

dhex | May 30, 2008, 7:51pm | #

yeah, in all seriousness this is super good news.

long time commenter, long time wanker | May 30, 2008, 9:14pm | #

a garbage can lid, maybe.

dhex, gotta admit that made me lol for real.

TallDave | May 30, 2008, 11:57pm | #

Of course it's fucking unconstitutional!

If the Constitution doesn't prevent the government from dictating what we put into our bodies of our own free will, how can it be said to be protecting our freedoms?

I mean, really. They had to pass a constitutional amendment to outlaw alcohol. How is marijuana any different?

ktc2 | May 31, 2008, 10:07am | #

Cause they don't even pretend to care about the constitution anymore TallDave. They will pass anything they damn well please and so long as the SCOTUS is packed with sycophants they will continue to get away with it.

ktc2 | May 31, 2008, 10:08am | #

. . . or hadn't you noticed were not in a republic anymore?

Robert | May 31, 2008, 10:31pm | #

Episiarch obviously confused lid with lb. But I pronounce lb. "lub".