Posted on October 02, 2013 by News Admin
People busted for marijuana can argue they needed it for medical reasons, even if they failed to follow the requirements of the state’s medical marijuana law, the Washington Supreme Court said Thursday.
In a 5-4 opinion hailed by advocates of patients who use pot, the justices said voters did not get rid of the “medical necessity defense” when they passed the medical marijuana law in 1998.
The ruling means that people who don’t have the money or insurance to see a doctor to authorize them to use marijuana, or who don’t have a doctor in their community who will authorize them to use marijuana, will nevertheless be able to argue in court that they had a medical reason for using it, said Seattle lawyer Suzanne Lee Elliott, who handled the case.
The state medical marijuana law allows people to use pot for certain debilitating medical conditions, such as cancer, AIDS or intractable pain, and it allows them to have far more of the drug than the ounce adults are allowed to possess under Washington’s recreational marijuana law, approved last year. People are required to obtain an authorization to use marijuana from an appropriate health care professional before they can avail themselves of the medical law.
Chief Justice Barbara Madsen wrote for the majority that people who fail to follow the medical law can nevertheless argue in court that they needed the marijuana for medical reasons, but in order to do so, they must also show that complying with the medical marijuana law was not a viable alternative for them.
That is frequently the case with people who use pot to treat conditions that aren’t covered by the medical marijuana law, such as insomnia, Seattle marijuana defense attorney Douglas Hiatt said. If prosecuted, they’ll be able to make a case at trial that they needed the pot for their condition.
Writing in dissent, Justice Susan Owens said medical marijuana patients do have a means of using marijuana legally: They can comply with the state medical law. Thus, she said, they don’t need a medical necessity defense, which she argued was overridden by the medical marijuana law in 1998.
We've helped thousands of happy customers start & run their medicinal & recreational businesses in all legal states. Whether you're serious, curious or just looking to gather information, GreenZipp can help.
Primarily through word-of-mouth alone, GreenZipp has become the company people trust to help start and run their legal marijuana businesses. For the last 4 years, people have been using GreenZipp because it's famously easy, straight forward, with no hidden costs. Combine that with our best-in-the-biz customer service, and you've got a unique and delightful offering of products and services.
We've been in business for 5 years, so you can depend on us to alleviate the anxieties and pressures of starting and running your business. Not once, has a single customer ever been in trouble with the law - ever. We're extremely proud of that number. Our job is to keep you safe and compliant with regulations and allow you to run your company without fear or anxiety. We've gone and will continue to go to the ends of the earth for our customers. Learn more about our company.
Many customers come to us saying that they've been told they need a lawyer to start their businesses. Sure, you can definitely use them, but you don't need them. Heck, you can even do it yourself if you don't mind putting in the time and making some costly mistakes from time to time. We take the complicated, confusing and time-consuming process of starting or running your marijuana business and boil it down to plain, detailed and easy-to-follow steps. Or, we can just do the whole process for you.
Here's the best part: We're so effective, lawyers and law firms hire us to service their marijuana industry clients for them.
Absolutely. You can see how our customers feel about us via an independently certified, 3rd party review website. We're extremely proud of our 5 out of 5 Star rating.
We offer a free Starter Package to help people understand the industry and us a little better. Check it out.
New business owners, seasoned entrepreneurs, investment groups and law firms all rely on GreenZipp. We've been fortunate to earn the repeat business of our customers, including some of the top lawyers and law firms in the country.
There's a lot of (mis)information out there. At best, it's usually speculation from non-professionals, old wive's tales or completely fabricated. It can be tough to navigate. With that in mind, here are a few things we've prepared for you:
GreenZipp is a medical & recreational marijuana consulting firm that's helped thousands of customers establish and run their marijuana businesses in all legal states since 2010. With industry-leading, streamlined and cost-effective products and services that abolish hourly & hidden fees, we'll be sure to make you happy.
We’ll send periodic news, new product releases and exclusive promotions.