In a unanimous January ruling, the California Supreme Court said lawmakers cannot impose limits on how much cannabis qualified patients may possess or cultivate.
The published decision in People v. Kelly struck down plant and possession guidelines established by the state legislature in 2003, declaring the limits to be an unconstitutional change to the Compassionate Use Act approved by voters in 1996.
Under the ruling, California patients are entitled to quantities consistent with their reasonable personal use. The court left intact the legislature’s voluntary ID card program, which provides protection from arrest and prosecution for card-carrying patients who are within state or local guidelines for personal-use quantities.
Californians who exceed those guidelines may still have to go to court to prove their compliance with state law.
