Jerry Brown To Challenge Court's Ruling on MMJ

  Jerry Brown To Challenge Court's Ruling on MMJ

Posted by CN Staff on June 05, 2008 at 13:14:43 PT
By Tim Reiterman, Los Angeles Times Staff Writers 
Source: Los Angeles Times 

San Francisco, CA -- State Atty. Gen. Jerry Brown is preparing to challenge a recent appellate court decision that struck down California's guidelines on medical marijuana possession and cultivation, leaving patients and police wondering how much weed is too much.Brown said in an interview this week that he would ask the Supreme Court to overturn last month's by the state Court of Appeal in Los Angeles, because it inhibits the state's attempts to control abuses while protecting legitimate access to cannabis.
The court ruled that the Legislature in 2003 made an unconstitutional amendment to the 1996 voter-approved Compassionate Use Act by specifying the amount of marijuana that patients could possess for medicinal purposes.The decision, hailed by some medical marijuana advocates, did not only cast doubt on the legality of the standard of eight ounces of dried pot and six mature or 12 immature plants, which is contained in the legislation. It also threw a cloud of uncertainty over more liberal guidelines adopted by some counties, particularly those in the marijuana belt of the North Coast.Brown, who supports medicinal use of marijuana, said the legislation was a reasonable approach to implementing a vaguely written ballot measure. "The proposition is not as clear we would like," he said. "You do not need an unlimited quantity of marijuana for medicine. But what is the quantity?"The medical marijuana law was designed to provide access to patients with cancer, AIDS and other ailments. But implementation has created a hodgepodge of local marijuana controls.Note: The Court of Appeal decided that lawmakers overstepped their bounds by amending the Compassionate Use Act. Brown, the attorney general, disagrees with that ruling.Complete Title: Jerry Brown To Challenge Court's Ruling on Medical MarijuanaSource: Los Angeles Times (CA)Author:  Tim Reiterman, Los Angeles Times Staff WritersPublished: June 5, 2008Copyright: 2008 Los Angeles TimesContact: letters latimes.comWebsite: Articles:Court Overturns Medical Marijuana SB 420 Appeals Court Tosses Medical Pot Caps

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Comment #8 posted by FoM on June 06, 2008 at 10:22:14 PT
OT: Bobby
For those who remember this day and haven't seen Bobby I recommend it. It was very good.
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Comment #7 posted by FoM on June 06, 2008 at 06:28:52 PT

OT: 'Something's Happening Here'
June 6, 2008Inspired voters... an unpopular war... a nation ready for change. African Americans and women -- empowered as never before. Sound familiar? Watch a CNN special report on the parallels between 1968 and today.Tonight 8 ET What It's Worth - Buffalo Springfield
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Comment #6 posted by FoM on June 06, 2008 at 04:47:13 PT

nuevo mexican 
That was different. Thank you. I have tried Pandora before and it was fun. I haven't listen to music for such a long time now I surprise myself. I keep my eyes on the news because I don't want to miss anything since Obama started running for President. This is a really exciting time we live in. PS: I never enjoyed the Bee Gees music. They always reminded me of disco which I sure didn't like.
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Comment #5 posted by nuevo mexican on June 06, 2008 at 02:49:43 PT

Get your dancing shoes on FOM!
I'm sure you love the BeeGees, snark, though I always loved this song, I like it even more now!This one's for Mayan, who is a big blogger over at dailykos now, at least, I believe it's the same one!The Free Bees: when you get a chance, go over to, type in Neil Young, CSNY, Buffalo Springfield, any one or all, and create your own radio station with your favorite song or artist! If you haven't already! Save the songs you like with a check mark, and you can make up to 100 of your own stations easily! Delete some when you get over a 100, as you will make 100 stations quickly!Have fun!
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Comment #4 posted by FoM on June 05, 2008 at 18:49:00 PT

Thank you. 
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Comment #3 posted by laduncon on June 05, 2008 at 17:59:02 PT

Moving on up the authority chain...
This means that the Attorney General is asking California's state Supreme Court to hear an appeal of the lower court's ruling that tossed out SB 420 as unconstitutional under the state's constitution. Usually, the lower court's ruling is maintained, in fact the case may not even be heard if the Supreme Court justices do not find that it has merit, that is a likelihood of being overturned (i.e. reinstating SB 420 as a constutional law). So basically this is a last gasp attempt at keeping the lower 6 plant minimums in effect instead of abolishing all caps on medical marijuana cultivation in California. The AG wants to go back to how things were before the measure was overturned by the Court of Appeals. If California's state Supreme Court does not hear the case then the Court of Appeals decision will be final (a good thing for our side) and if the state Supreme Court does hear the case it is still unlikely to disagree with the lower court's ruling as it seems a rather obvious violation of California's constitutional law which states that voter initiatives can only be amended by the voters and not the lawmakers.
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Comment #2 posted by mykeyb420 on June 05, 2008 at 14:36:32 PT

not sure
is this a good thing for the patients,,or have we lost a round?
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Comment #1 posted by FoM on June 05, 2008 at 13:46:17 PT

What's Next?
What will happen now? 
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