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Medical Marijuana Law Update A recent appellate court decision struck down California’s guidelines on medical marijuana possession and cultivation. The unanimous opinion by Los Angeles' 2nd District Court of Appeal declared unconstitutional an amendment to Proposition 215 -- also known as the Compassionate Use Act of 1996 -- which set limits of marijuana possession by qualified patients under the act at 8 ounces of dried pot and six mature or 12 immature marijuana plants at any given time. This ruling is important for persons accused of possessing marijuana for sale or cultivating it for distribution, because it is now clear that Prop 215 does not quantify the marijuana a patient may legally possess, and that the only "limit"on how much marijuana a person falling under the act may possess is that the amount it must be for the patient's "personal medical purposes." The amount of marijuana possessed by patients under Prop 215 should be "reasonably related" to their medical needs. |
