May 23, 2008
Alex Coolman writes about a decision from the Second District Court of Appeal that held the quantity limits on medical marijuana passed in 2003 are unconstitutional: “In passing this law, however, the legislature was running up against a provision of the California Constitution that says that an initiative statute — such as the Compassionate Use Act — can not be amended by the legislature without the approval of the voters. In other words, the legislature did not have the power to reduce the scope of the affirmative defense created by the voters.”