Jan. 21, 2010 – California Supreme Court Affirms Ruling That Possession Limits Are Unconstitutional

On Jan. 21, 2010, the California Supreme Court affirms 7-0 the May 22, 2008 Second District Court of Appeals ruling in People v. Kelly. The original ruling was that the possession limits set by SB 420 violate the California constitution because the voter-approved Prop. 215 can only be amended by the voters.

“We conclude as follows: To the extent section 11362.77 (together with its quantitative limitations) impermissibly amends the CUA by burdening a defense that would be available pursuant to that initiative statute, section 11362.77 is invalid under California Constitution article II, section 10, subdivision (c).”