California Senate Bill 420 - People V. Kelly

Concerning limits on possession created by the bill, the California Supreme Court decision in People v. Kelly decided multiple issues. First, it reiterated that "unlike, which did not immunize medical marijuana users from arrest but instead provided a limited 'immunity' defense to prosecution under state law for cultivation or possession of marijuana … the 's identification card system is designed to protect against unnecessary arrest." Secondly, it agreed with both Kelly and the California Attorney General that the limits were an "unconstitutionally amendatory insofar as it limits an in-court CUA defense".

However, the section concerning limits on possession "should remain an enforceable part of the MMP, applicable to the extent possible — including to those persons who voluntarily participate in the program by registering and obtaining identification cards that provide protection against arrest" because it provided more rights, namely the immunity against arrest.

Read more about this topic:  California Senate Bill 420