On March 9, 2010 at 9am in Department 55 at the San Diego Superior Courthouse, day 2 of my trial will begin. District attorney Bonnie Dumanis’ office has filed a mountain of motions in limine with the court, all of which will be heard on the 9th in front of Judge So. Motions in limine are requests made by both sides to the Judge before the start of a trial that certain evidence may, or may not, be introduced to the jury.

The heap of in limine motions includes three that I believe are most troubling. The first is a request by the DA that the Judge not to allow me to use the medical marijuana defense, even though an official subpoena from the doctor who recommended the use of medical cannabis to me, was received and accepted into the record by the court at my preliminary hearing months ago. These records clearly prove to the court that I am a qualified patient, which even prompted the Judge at my prelim to say “there is evidence here that Mr. Davidovich is a qualified patient”, yet nothing fazes the prosecutor’s fierce fight.

Norman de Vall's medical marijuana forum, with guests Pebbles Trippet and John McCowen, is available to download or listen to online.  The 90 minute show has been broken up into three approximately 30 minute segments:

1. http://www.mmmab.net/NdV_931_Kelly_102110_1.mp3
   
2. http://www.mmmab.net/NdV_931_Kelly_102110_2.mp3
   
3. http://www.mmmab.net/NdV_931_Kelly_102110_3.mp3
   

The topic of the show was planned as dealing with both the existing 25 plants per parcel Public Nuisance Ordinance, MCC 9.31, in effect since February 2008 and it's bloated 37 pages of proposed revisions, being championed by Supervisor McCowen, but as yet not voted on by the Board of Supervisors.  Inevitably, it was often not clear whether the current ordinance or the proposed revisions were being discussed.

It was also a sure thing that the discussion would wander back and forth between that discussion and today's momentous decision at the CA State Supreme Court in the landmark Kelly case, and of course it did though it was not confusing when that took place.

The general tone of the show was less adversarial than has often been the case in the recent past. Phone in guests included Sheriff Allman, Attorneys Omar Figueroa and Katharine Elliot and many others.  You won't get ironclad answers on everything, since many of the issues will be decided in the seven patient plaintiff's legal challenge of the county's MCC 9.31, to be heard in Superior Court next month.  Stay tuned.

The California Supreme Court today upheld a state appeals court ruling that voided California's medical marijuana growing restrictions, calling them unconstitutional.

Anticipated widely as "the Kelly decision," in effect it also voids Mendocino County's Measure B which enacted the state limits - 12 immature plants or six mature plants and 8 ounces of dried marijuana - as the county's growing and possession limits.

The court kept alive the voluntary ID card system for patients agreeing to limit themselves.

At issue is Prop. 215, the Compassionate Use Act which legalized medical marijuana in California in 1996. The CUA did not limit the amount of marijuana a patient could grow or possess except to a reasonable amount consistent with the patient's medical needs.

Story continues on the Ukiah Daily Journal website.

312K PDF file of the CA Supreme Court's Kelly decision:  http://www.mmmab.net/Kelly_S164830.PDF

The City of Sacramento will allow medical marijuana dispensaries.  So will the neighboring City of West Sacramento.  In parallel developments, both adjoining cities are drafting medicinal cannabis dispensary ordinances.  Stakeholder input has been, and continues to be, sought by the cities. 

West Sacramento is a small town of about 50,000 people.  It is counterintuitively located in Yolo County, while the City of Sacramento is in Sacramento County.  West Sacramento is likely heading towards a cap of two dispensaries.  Sacramento, with a larger city council, and a population ten times the size of West Sac’s, is possibly leaning towards a limit of about a dozen medical marijuana storefront facilities. 

Both cities are taking a relatively calm, reasoned approach to the sometimes contentious issue.  And both draft ordinances arguably have, or will have many issues that need to be ironed out. 

On October 18, 2009, the Obama Administration sent a memo to all U.S. Attorneys entitled, “Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana.” The advisory notice does not mention medical marijuana collectives, cooperatives, dispensaries, or any other lawful infrastructures for the distribution of medical marijuana. The document states:

Can you imagine legal marijuana in California?

With your help, California Cannabis Initiative will make this dream come true!

California Cannabis Initiative is the grassroots, people’s movement to legalize, regulate and tax cannabis.  This is a 100% volunteer effort with no corporate funding.

The success of the California Cannabis Initiative depends on your contribution of time and resources.

Visit CaliforniaCannnabisInitiative.org to get started.

P.S. Contribute $1,000 or 1,000 signatures to receive an exclusive autographed copy of the Memoirs of the Legendary Cannabis Cowboy. Help the Cannabis Cowboy save the day again!