California Court of Appeal

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People v. Kelly, B195624

In a criminal case involving the tension between California voters' approved Compassionate Use Act (CUA), which exonerates a patient from certain marijuana-related offenses for his/her possession or cultivation of marijuana for personal medical purposes upon a doctor's recommendation, and the legislatively enacted Health and Safety Code section 11362.77, which caps the amount of marijuana a patient may have at certain limits unless the patient has a doctor's recommendation that the specified quantity does not meet the patient's needs, the court of appeals rules that: 1) CUA can only be amended with voters' approval; 2) because the voters did not approve the quantity limits set by section 11362.77, that section unconstitutionally amended the CUA; and 3) thus, it was prejudicial error to allow a prosecutor to make an argue that defendant could be found guilty of the charged crimes if found to possess more than the section 11362.77 limited amount in the absence of a doctor's recommendation for that amount.

Appellate Information

  • Decided 05/22/2008
  • Published 05/22/2008




  • California Court of Appeal


  • For Appellees:
  • Gloria C. Cohen, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.
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