HOW MUCH CAN PATIENTS POSSESS OR CULTIVATE?
SB420 establishes a baseline statewide guideline of 6 mature or 12 immature plants, plus 1/2 pound (8 oz.) processed cannabis per patient. Patients can be exempted from these limits if their physician specifically states that they need more. In addition, individual cities and counties are allowed to enact higher, but not lower, limits than the state standard. For instance, Sonoma County allows patients up to three pounds and 30 plants in 100 square feet of growing area. The SB 420 guidelines are not binding limits. Patients who are arrested for exceeding them can still defend themselves in court by arguing that the amount they had was consistent with their personal medical needs. A state appellate court has ruled that the legislature cannot legally limit the amount of marijuana patients may grow or possess since that would violate their rights under Prop. 215; hence the SB 420 “limits” are unconstitutional (People. v Kelly). The full implications of the Kelly ruling are unclear at this
