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People v. Kelly

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People v. Kelly was decided on January 21, 2010 by the California Supreme Court. The decision invalidated a law passed in 2003 by the California State Legislature on the grounds that the law imposed stricter standards on medical marijuana than is allowed under Proposition 215. Under the ruling, the state government is no longer allowed to impose any legal limits on the amount of marijuana that medical marijuana users can grow or possess.[1]

The 2003 law limited medical marijuana users to 8 ounces of dried marijuana and six mature or 12 immature marijuana plants.

The basis for the court's ruling in People v. Kelly is that the 2003 legislation amounted to an amendment to Proposition 215, and that the California Constitution prohibits legislative tampering with ballot initiatives approved by voters.

The defendant in the case was Patrick Kevin Kelly, a user of medical marijuana.

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