Patient Limits are Unconstitutional

The courts have already decided the issue: in People vs. Kelly

Last year, in this case the Second Appellate District Court ruled that “the CUA can only be amended with voters’ approval. Voters, however, did not approve the eight ounce

limit and other caps in section 11362.77; hence, section 11362.77 unconstitutionally amends the CUA.”

THIS IS UNCONSTITUTIONAL AS RULED BY THE SECOND APPELLATE DISTRICT COURT:

11362.77. (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

NOTE: This case is currently under review by the Supreme Court. It no longer is considered "good law" until they issue a ruling. They set Nov 3 as argument day, and we get a ruling within 90 days after that.