Mendocino County Superior Court has denied claims that marijuana limits imposed by Measure B are unconstitutional, unless the California Supreme Court changes its interpretation of the state Health and Safety Code.
With two critical marijuana cases now under review by the California Supreme Court, a section of the Health and Safety Code pertaining to limits is valid, Mendocino County Superior Court ruled Dec. 30.
In March of 2008, petitioners Paula Laguna and George Hanamoto contended Measure B, which was later approved by county voters in June, was unconstitutional and sought to have the measure removed from the ballot. In April, the petition was denied by the court.
In May, petitioners again contended the measure was unconstitutional based on the case of People v Kelly from the Second Appellate District. At that time, the motion was denied under the terms that a post-election challenge of Measure B's limits' would be accepted.
After the election, efforts were again renewed to have limits imposed by the measure declared unconstitutional based on People v. Kelly.
On Aug. 8, Mendocino County Superior Court followed the precedent of Kelly and another case, People v. Phomphakdy, and said that the limits section of Measure B, which was taken from the Health and Safety Code, was an unconstitutional amendment to the state's medical marijuana Compassionate Use Act.
Also on Aug. 8, the California Supreme Court granted review for Kelly and Phomphakdy, the two cases that Mendocino County Superior Court relied on for its ruling in August, according to Superior Court documents. When the California Supreme Court grants review, the opinions that are under review do not stand, stated documents. "As a result of the actions of the Supreme court, neither Kelly nor Phomphakdy may now be relied on," the court wrote Dec. 30.
Judge John A. Behnke ruled against petitioners Laguna and Hanamoto, but indicated he would reconsider the matter if the California Supreme Court interprets the Health and Safety Code, section 11362.77 in the way the petitioners suggest.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Ukiah Daily Journal
Contact: Ukiah Daily Journal
Copyright: 2009 Ukiah Daily Journal
Website: Measure B Challenge Fails
With two critical marijuana cases now under review by the California Supreme Court, a section of the Health and Safety Code pertaining to limits is valid, Mendocino County Superior Court ruled Dec. 30.
In March of 2008, petitioners Paula Laguna and George Hanamoto contended Measure B, which was later approved by county voters in June, was unconstitutional and sought to have the measure removed from the ballot. In April, the petition was denied by the court.
In May, petitioners again contended the measure was unconstitutional based on the case of People v Kelly from the Second Appellate District. At that time, the motion was denied under the terms that a post-election challenge of Measure B's limits' would be accepted.
After the election, efforts were again renewed to have limits imposed by the measure declared unconstitutional based on People v. Kelly.
On Aug. 8, Mendocino County Superior Court followed the precedent of Kelly and another case, People v. Phomphakdy, and said that the limits section of Measure B, which was taken from the Health and Safety Code, was an unconstitutional amendment to the state's medical marijuana Compassionate Use Act.
Also on Aug. 8, the California Supreme Court granted review for Kelly and Phomphakdy, the two cases that Mendocino County Superior Court relied on for its ruling in August, according to Superior Court documents. When the California Supreme Court grants review, the opinions that are under review do not stand, stated documents. "As a result of the actions of the Supreme court, neither Kelly nor Phomphakdy may now be relied on," the court wrote Dec. 30.
Judge John A. Behnke ruled against petitioners Laguna and Hanamoto, but indicated he would reconsider the matter if the California Supreme Court interprets the Health and Safety Code, section 11362.77 in the way the petitioners suggest.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Ukiah Daily Journal
Contact: Ukiah Daily Journal
Copyright: 2009 Ukiah Daily Journal
Website: Measure B Challenge Fails
