Court Overturns Medical Marijuana Senate Bill 420

did u guys know this new news ?
California -- First an opinion from the State Legislative Counsel then a recent court decision both concurred that the plant and processed leaf limits in Senate Bill 420 unconstitutionally amended California's Proposition 215, which legalized marijuana for medical treatment.
“The limits of SB 420 are unconstitutional. The legislature recognized this when they passed it said they were voluntary. They are guidelines, not law,” Denny said. “There are no requirements to be a qualified patient. SB 420 made it clear it is the physician who makes the decision of how much cannabis is required for treatment.”
this means that we would be able to grow more without hastles from the feds or local PD.

So there is now less regulation in cali on marijuana? Thats it fuck texas im moving.

Ok, but I have a question. What is the federal law regarding marijuana?

illegal... google it...

this means that we have to revert back to the state limits. it's not a free for all.

im in the bay and in SF the police commisioner stated that he will not use his officers to help with the raid of medical dispensaries or grow operations as long as they conduct there act under state law. With the SB420 item just stick with your limits that your city/county has set and you shouldn't have a problem

What I mean though is if the federal law prohibits it don't they have to abide to it at a state level?

James Bond said:

What I mean though is if the federal law prohibits it don't they have to abide to it at a state level?

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well obviously not.


Cannabis Patients' Cooperatives, Clinics, Centers, Dispensaries & Groups

The constitution states that if the federal government sets a limit or something like that, the states cant go below it or above it if its an upper limit. So this means a state cant have a law that allows X number of plants if the federal limit is something lower. But i dont know the limit for it.

But this doesnt mean much, the constitution says any license valid in one state is valid in another but the gay marriage isnt recognized everywhere so really the con. isnt a good tool for government practice...

"The federal minimum wage for covered nonexempt employees is $5.85 per hour effective July 24, 2007."


"As of January 1, 2008, California state minimum wage is raised from $7.50 to $8.00 per hour according to SB1835, signed by Governor Arnold Schwarzenegger on September 12, 2007."




please explain this then.

Yea thats an example of a lower limit. Meaning Ca can set the min wage to any amount ABOVE the federal limit. So lets say the feds allow 2 plants per person. (I wish) CA cant allow 4 plants per person, but it can regulate to 1 or 0. This isnt true just an example.

Ok, so here is the deal... certain amounts of marijuana are legal/decriminalized in california (and other places) but the federal government allows zero mary jane. The bottom line is that no matter how much cali may alter their amounts it is all illegal in the country, so yes the DEA can arrest anyone in cali for simple posession even if cali says is legal to run down the streets naked smoking a joint filled with an ounce.

The example of minimun wage does not apply legally because not everyone is covered under federal minimum wage laws- there is such a thing as an exempt employee, (and even exempt organizations) while there is no such thing as exempt from DEA regulations.

The example of gay marriage does not work either because of the DOM (defense of marriage act) enacted by Presidetn Clinton. The only purpose of this federal enactment was to ensure (before any states allowed gay marriage) that if a couple was married in massachusetts and moved to texas, then texas did not have to recognize the marriage as legal.

And I'll cut to chase on the inevitable next argument which is speed limits.... there are no federal laws on speed limits, there are only federal guidlines. Those states who abide by the federal guidlines (which is everyone exept montana) are entitled to refunds/kickbacks/rewards/compensation... whatever you want to call them.

i don't think anyone ever said it was "legal". we all know it's not. but there are state laws that have made things somewhat "allowable". i can do today what i couldn't 10 years ago. the sheriff flies over everyday. he's never stopped. police will check my garden and paperwork then tell me to have a nice day.

fdd2blk said:

i don't think anyone ever said it was "legal". we all know it's not. but there are state laws that have made things somewhat "allowable". i can do today what i couldn't 10 years ago. the sheriff flies over everyday. he's never stopped. police will check my garden and paperwork then tell me to have a nice day.

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That's just plain kicks ass... my nose would be 10' long if I said I'm not jealous. In massachusetts "intent to distribute" carries a mandatory minimum of 1 year in lock-up and one can be charged with it if they have a roche clipping and over $2,000 cash on them. That's messed up. I would celebrate each sunrise with an L if all I had to worry about was some formal papers being stamped.

...anywho, I just wanted to clear up some perceived confusion on the state's ability to decriminilze versus the federal authority on the subject.... while the sheriff's office may just fly over, a DEA agent could burn the whole place down.

i have had a lawyer for the state come over and look at my stuff with some of her friends and she made sure that i was doing everything that i possibly could to follow the state law. Her friends and her explained to me, as long as i follow this then even if i did get arrested, the charges would be dropped and i could most likely get all of my confiscated items back. and the guy who lives above me is a L.E.O and he told me that he couldn't do a thing about it unless i was selling it to people that were not MMJ patients. GO CALI

but the question remains is how many plants can we now be allowed to have since this law past.

zonked said:

but the question remains is how many plants can we now be allowed to have since this law past.

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it wasn't a law it was a bill that got overturned.


i'm sticking with my COUNTY guidelines for now.

You misunderstood the gay marriage comment. I know its not working like that, obviously. Im saying in the constitution says a contract/license valid in one state is in valid in another. Im not sure how they fucked it up, but they did.


I was under the impression that if the feds said no the states had no room. So how can CA and CO have such light laws and not have to inforce the DEA's regs. I know they are separate departments but still...

Kappasmackahoe said:

The constitution states that if the federal government sets a limit or something like that, the states cant go below it or above it if its an upper limit. So this means a state cant have a law that allows X number of plants if the federal limit is something lower. But i dont know the limit for it.

But this doesnt mean much, the constitution says any license valid in one state is valid in another but the gay marriage isnt recognized everywhere so really the con. isnt a good tool for government practice...

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in the situation below the federal government set the minimum wage at a certain level. federal law will always trump state law in any given situation. the gov set the minimum wage as a lower limit and no state can have a wage less than that, but there is no restriction on raising that minimum wage at the state level.

and of course this is why the DEA continues to raid dispenseries because they are a federal agency enforcing federal drug laws. regardless of the laws that any state passes, until the federal government repeals the federal law stating that MJ is illegal, the state laws are technically null and void. but it is a power struggle between the state and federal courts enforcing the laws. the reason that people are able to grow and smoke under medical MJ laws is because if you get arrested for it, you will normally go to court at the state level not a federal district court, and the state judge will uphold the state laws and throw out the case. but if you get busted and charged in federal court you can still go to jail. same thing with gay marraige, until its recognized in federal legislation then it will not be universal. sorry all you gay pot smokers out there jk

fdd2blk said:

"The federal minimum wage for covered nonexempt employees is $5.85 per hour effective July 24, 2007."


"As of January 1, 2008, California state minimum wage is raised from $7.50 to $8.00 per hour according to SB1835, signed by Governor Arnold Schwarzenegger on September 12, 2007."




please explain this then.

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well i think that the state of CALI should allow 15 plants per patient, ive heard that the individual that grows { for example } OG KUSH, the yield is very low, so having 6 isnt enough to take care of the individual. So i think they want to go higher, I say sure.