Sunday, August 30, 2009

Does The MMPA Amend The CUA?

No, says the Court of Appeal in People v. Hochanadel (here). The "CUA" is another term for Prop. 215, the medical marijuana initiative. The "MMPA" is the "Medical Marijuana Program Act." Under Article II, Section 10(c) a statutory initiative can only be amended by another initiative, unless the initiative provides otherwise. Prop. 215 does not permit legislative amendment, so the Legislature can't amend it. In this case, the People contended that the MMPA, which sets up rules for marijuana cooperatives, was an unconstitutional amendment to Prop. 215. But the court rejected the argument, holding that the statute merely implemented the initiative, by identifying groups that could lawfully provide marijuana to medical users protected by Prop. 215, without diminishing the rights granted by the measure.

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