Skip to main content
A Better Partnership
June 08, 2011

COA Opinion: A successful medical marijuana defense requires more than just proving that the amount at issue did not exceed the amount reasonably necessary to treat a medical condition

Judges Murray and Hoekstra issued a majority opinion in People v. Anderson, No. 300641, upholding the trial court's refusal to allow a defendant, charged with manufacturing marijuana, from presenting a medical use defense under the state's Medical Marijuana Act. In doing so, the majority adopted the concurring opinion of Judge Kelly, concluding that, in order to satisfy the terms of the medical use defense under the Medical Marijuana Act, the defendant must not only show that amount in question did not exceed the amount reasonably necessary to ensure uninterrupted availability of marijuana for treatment of a serious medical condition, but must also establish that the amount was below the objective, statutorily-specified levels (2.5 ounces or less / 12 or fewer plants) and that the plants were kept in a enclosed, locked facility as required by the statute. Here, the defendant had more than 12 plants and did not keep them in a properly enclosed facility. In light of these undisputed facts, the defense under the Medical Marijuana Act could not be sustained. The majority also concluded that the trial court properly rejected this defense because the defendant could not offer any relevant testimony in support of the medical necessity of the amount because neither the proffered witnesses (defendant and his family physician) could offer proper testimony on that subject.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset