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.[SUP]
[1][/SUP] 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.