The appellate decision had struck down the law that specified the amount of pot allowed.SAN FRANCISCO -- State Atty. Gen. Jerry Brown says he will 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 California Supreme Court to overturn last month's decision by the state Court of Appeal in Los Angeles because it inhibits authorities' ability 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, has not only cast doubt on the legislation’s standard of 8 ounces of dried pot and six mature or 12 immature plants. It has also created a cloud of uncertainty over more liberal guidelines adopted by some counties, particularly those in the marijuana belt of the North Coast.
LA Times