May 22, 2008 – California Court Rules Possession Limits on Medical Marijuana Unconstitutional

“The Second District of California Court of Appeals ruled [3-0 on May 22, 2008] that the state limits on medical marijuana possession and cultivation established under state law SB 420 are unconstitutional.

In the case People v. Patrick Kelly, the court overturned defendant’s conviction for possessing 12 ounces of dried marijuana plants on the grounds that the prosecutor had improperly argued that the defendant was guilty because he possessed more than the 8-ounce limit established in Health & Safety Code Sec. 11362.77 and did not have a doctor’s recommendation authorizing more…

The Attorney General’s office announced that it would appeal the Kelly ruling.”