Calif. high court strikes down medical pot limits
By PAUL ELIAS
The Associated Press
Thursday, January 21, 2010; 2:55 PM
SAN FRANCISCO -- A unanimous California Supreme Court on Thursday struck down a law that sought to impose limits on the amount of marijuana a medical patient can legally possess.
The California Supreme Court ruled that state lawmakers were wrong to change provisions of the voter-approved Proposition 215. The 1996 measure allowed for patients with a doctor's recommendation to possess an unspecified amount of marijuana.
The Legislature, seeking to give law enforcement guidance on when to make marijuana possession arrests, mandated in 2003 that each patient could have a maximum of 8 ounces of dried marijuana.
The high court says only voters can change amendments that they've added to California's constitution through the initiative process. The ruling by Chief Justice Ron George left in place the portion of the new law that protects patients possessing a state-issue medical marijuana identification card from arrest. George did note, though, that police were still authorized to make arrests if they believe the cards to be forgeries or reasonably suspects a crime has been committed.
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http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR2010012102690.html