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MJ News: California Upholds Proposition 215, Strikes Down SB 420 Possession Amounts!!!Topic: MJ News
Contributed by skip on Friday, August 01 @ 19:06:47 UTC

A state appeals court upheld California's 12-year-old medical marijuana law Thursday, rejecting two counties' arguments that allowing patients to use the drug with their doctor's approval condones violations of federal narcotics laws. The Fourth District Court of Appeal in San Diego dismissed challenges by San Diego and San Bernardino counties, which objected both to the 1996 marijuana initiative and to recent legislation requiring counties to issue identification cards to users of medical pot. The cards protect their holders from arrest by state or local police for possessing small amounts of marijuana. The U.S. Supreme Court has ruled that the federal government can enforce its drug laws, which ban marijuana use and cultivation, against patients and their suppliers in California and the 11 other states that have legalized medical marijuana under their own laws. But in Thursday's ruling, the appeals court said states remain free to decide whether to punish drug users under their own laws. "The (federal) law does not compel the states to impose criminal penalties for marijuana possession," said Justice Alex McDonald in the 3-0 ruling, which upheld a Superior Court judge's decision. "The purpose of the (federal law) is to combat recreational drug use, not to regulate a state's medical practices."

Besides, McDonald said, the counties' only obligation under the California law is to process and hand out the ID cards, a requirement that poses no conflict with federal law. State and local officers can't arrest marijuana users for violating the federal law, he said, and applications for the medical marijuana cards contain a warning that they provide no shield against federal authorities. Although the state's decision to allow medical marijuana use "arguably undermines the goals" of the federal law, McDonald said, county governments are unaffected by any such conflicts and therefore have no right to sue to overturn the entire state law. San Diego County's lawyer, Senior Deputy County Counsel Thomas Bunton, said county supervisors may decide by next week whether to appeal to the state Supreme Court. He said a future appeal to the U.S. Supreme Court is also possible. "We think the court should have found that California's medical marijuana laws are pre-empted by the federal law," Bunton said. "We think (the ID card law) requires us to issue cards in support of conduct that violates federal law." Advocacy groups that joined the state in defense of its law said the ruling shows that states are free to chart their own course on medical marijuana. The decision "provides yet further confirmation that states need not march in lockstep with federal policy," said Adam Wolf, an American Civil Liberties Union lawyer representing the National Association for the Reform of Marijuana Laws. He said the court issued "a stinging rebuke to the misguided attempt of a few rogue counties to undermine the will of California's voters and the well-being of thousands of sick and dying patients." In a separate case Thursday, the Third District Court of Appeal in Sacramento became the second to declare unconstitutional a 2003 state law that limited the amount of marijuana a patient could possess for medical use and remain exempt from prosecution. The ruling would leave those decisions up to local governments, or to local prosecutors and juries in counties that lacked an official standard. The law, part of the same legislation that established the state-approved identification cards, allowed patients to possess up to 8 ounces of dried marijuana, or up to six mature marijuana plants or 12 immature plants, unless a doctor had recommended greater amounts to meet the patient's needs. The Third District Court ruled that the law conflicted with the 1996 medical marijuana initiative, Proposition 215, which set no numerical limits on the amount of marijuana a patient could possess. An appeals court in Los Angeles reached the same conclusion in May, a ruling that Attorney General Jerry Brown's office has appealed to the state Supreme Court.
Source: SF Chronicle

Associated Topics

Growing MJLegal IssuesMarijuana ActivismMedical Marijuana

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Re: California Upholds Proposition 215, Strikes Down SB 420 Possession Amounts!!! (Score: 0)
by anonymous on Friday, July 08 @ 23:55:49 UTC
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I don't need someone who doesn't have it all together telling me what they don't know, when I do.  I don't give up myself to anyone to tell me about what is good or not good for me; I have better judgment than that.   I may have been born in this country but that does not give it the right to make my choices.  The laws that exist were here before I came into the world.  I have had no say in their creation.  Citizens have no idea who runs the government.  The people sure don't.  The agencies that control the police, and today it is the National Security Agency with the Pentagon as the master puppeteer.  The Military Reserve Corps.  control the work force, have the best jobs and are in every social assembly and are encouraged to do so.  The military by in large dominate political office, and high bureaucratic authority positions and still militarily active.  There is not one authority that is not subject to the military in the USA.  The US Pentagon has the authority to conduct any experiment it wishes on the public and there are articles that enforce it.  It can withhold truth and provide information contrary to the truth to the public.  There is no crime that will not be used to procure its advancement and security.  Politics have become propaganda to hide crimes against humanity and to justify crimes in the minds of the people.  The mass media is censored and is used to control a collage of thought, the limited amount of the brain utilized; never giving any consciousness to the thoughts a citizen is forced to pass back and forth for communication and social interaction.  History is falsely written by the greatest power at hand and that government is never wrong or guilty of any crime called upon the enemy.  Psychology has shown exactly the abuse of common sense and the destruction of human instinct. (That information which tells an individual what is wrong and what is right and what action to take place systemically and autonomic.)  Gods are given humanity to explain actions they themselves bring into being and not wanted to utilize as a servant to the beast that is created through the abuse and delegation of authority.  The very principles of Physics, Mathematics and their constants are not represented as they exist to bring about this presence allowed understood by the public.  The very origin of life in every entity is the self-awareness of finite infinity and consciousness through differentiation.   This even is the explanation of telekinesis (what religion call miracles.)   Since there exist a meaning called GOD I will here use it and here is my statement.  I Profess..  I am aware of the knowledge, ownership and possession of what I know as God.  I defy government, religion, science and atheism.  I understand life the self-awareness of a whole finite infinity and call it the Id.  By my personal possession, I behold the existence of dimensions and it's unfolding of time.  Extenuating cir*****stances, here related to you the reader and listener are from experiences no human being or any species should have had to suffer to convey to you this simple knowledge and benevolent truth.  Everything is this world in its right way is beneficial and some more than others.  There should exist no laws to neither keep them from you nor hide these truths from you.   Behold mankind has become as one of US, knowing good and evil, perhaps humankind will take hold the tree of life and live forever..  In this abundance of love; GOD Love You' and All the Angels'Lee ki4jup..