In an action arising from a conviction of a defendant for possessing more than 28.5 grams of marijuana, court of appeals judgment determining the validity of Health & Safety Code section 11362.77 which prescribes the amount of marijuana that a qualified patient may possess or cultivate is affirmed in part and reversed in part where: 1) insofar as section 11362.77 burdens a defense under the CUA to a criminal charge of possessing or cultivating marijuana, it impermissibly amends the Compassionate Use Act (CUA) and in that respect is invalid under California Constitution article II, section 10(c); and 2) the Court of Appeals erred in concluding that section 11362.77 must be severed from the Medical Marijuana Program (MMP) and hence voided.
Filed January 21, 2010
Opinion by Judge George
For Appellant: Edmund G. Brown, Jr., Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Donald E. De Nicola, Deputy State Solicitor General, Lawrence M. Daniels, Ana R. Duarte, Kristofer Jorstad and Michael R. Johnsen, Deputy Attorneys General
For Appellee: Gloria C. Cohen and Gerald F. Uelman