Typically lawyers and law enforcement turn to their state’s Supreme Court to set the precedent on tough legal issues; however, California’s Supreme Court’s recent rulings on medical marijuana cases have left law enforcement, lawyers, and medical marijuana advocates wanting and needing more.
The California Supreme Court recently determined not to uphold a law that only allowed medical marijuana users to possess eight ounces of marijuana. At first glance, this decision appears to be a victory in medical marijuana law. However, since the Supreme Court failed to define what the reasonable amount is, they have left medical marijuana users as unprotected as ever. The new ruling has prompted some district attorneys to drop charges on current cases, but have left them unsure of how to proceed with new cases. Furthermore, the ruling does nothing to protect medical marijuana users against arrest since it did not establish a clear line for how much marijuana is acceptable.
While the ruling is certainly another step in the right direction, it has further increased the confusion surrounding medical marijuana laws and has created another grey area. Law enforcement in different California counties already interpret and enforce the current law differently and this is sure to create even more discrepancy. With the new Tax Cannabis Act gaining support we are certain to see much more discussion on medical marijuana laws as wells as legalizing recreational marijuana usage.
