MJ News: California Upholds Proposition 215, Strikes Down SB 420 Possession Amounts!!!
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
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
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
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
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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
(User Info )
|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
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
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
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
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