Legal Opinion
People v. Kelly
California Supreme Court
Decided January 21, 2010No. S164830PublishedCited by 105 opinions
1Opinion of the Court
Opinion
GEORGE, C. J.
Health and Safety Code section 11362.77, 1 which is part of the Medical Marijuana Program (MMP) (§ 11362.7 et seq.), prescribes a specific amount of marijuana that a “qualified patient” may possess or cultivate. We granted review to determine whether this aspect of section 11362.77 is invalid under California Constitution, article II, section 10, subdivision (c), insofar as it amends, without approval of the electorate, the Compassionate Use Act of 1996 (CUA) (§ 11362.5), an initiative measure adopted by the voters as Proposition 215 in 1996. We conclude, consistently with…
2Cases cited25 opinions
- Gonzales v. RaichSupreme Court of the United States · 2005
- United States v. Oakland Cannabis Buyers' CooperativeSupreme Court of the United States · 2001
- Associated Home Builders of Greater Eastbay, Inc. v. City of LivermoreCalifornia Supreme Court · 1976
- Calfarm Insurance v. DeukmejianCalifornia Supreme Court · 1989
- DeVita v. County of NapaCalifornia Supreme Court · 1995
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3Cited by105 opinions
- People v. Superior Court (Pearson)California Supreme Court · 2010
- Greene v. Marin County Flood Control & Water Conservation DistrictCalifornia Supreme Court · 2010
- Perry v. BrownCourt of Appeals for the Ninth Circuit · 2012
- Qualified Patients Assn. v. City of AnaheimCalifornia Court of Appeal · 2010
- People v. DeLeonCalifornia Supreme Court · 2017
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