People v. Kelly

In 1996, California voters approved the Compassionate Use Act (CUA), a statute that immunized medical-marijuana users and their primary caregivers from prosecution for possession or cultivation of marijuana. The CUA did not specify an amount of marijuana that a patient or caregiver was permitted to possess or cultivate. Instead, the CUA required the quantity of marijuana to be reasonably related to the patient’s current medical needs. The CUA did not authorize the legislature to amend its terms. In 2003, in an effort to clarify the CUA, the California legislature enacted the Medical Marijuana Program (MMP). The MMP added 18 new code sections addressing the CUA’s general subject matter and established a voluntary identification-card program that immunized participants from both arrest and prosecution for the possession and cultivation of marijuana. Section 11362.77 of the MMP contained provisions establishing quantity limits for the permissible possession of marijuana. Instead of applying solely to individuals who opted into the MMP, the quantity limits established in § 11362.77 applied to all medical-marijuana users. Patrick K. Kelly (defendant), a medical-marijuana user who did not opt into the MMP, was arrested and prosecuted for possessing marijuana in an amount that exceeded the quantity limits established by § 11362.77. Prior to trial, Kelly moved to prohibit the prosecution from referring to the MMP’s quantity limits, arguing that § 11362.77 had amended the CUA in violation of the California Constitution. The trial court denied Kelly’s motion, reasoning that § 11362.77 permissibly clarified the CUA rather than amending it. The California Court of Appeal reversed, concluding that § 11362.77’s quantity limit was unconstitutional. The State of California (plaintiff) appealed.