Amnesty

[douggie]

I havent been here in a while. Awesome job on the forums!

 

I have a question about amnesty.

Im pretty sure is was just for the time laps from when it became law to when the "rules" were issued for it.

But was wondering if there is any current amnesty for someone that has a medical problem, got busted with some smoke.

If they can legal plead that they were in the process of getting a license and work off of the amensty defense?

Im sure it has been brought up...but I am heading out the door so I will have to research it later....just looking for a quick yes or no....

Thanks!

Douggie

[+JuztBudz]

Douggie, this really depends on the judge that you draw from the pool of judges in your area. Some are saying that this law is indeed retroactive, that certain cases fall under the affirmative defense. Others are saying that the law isn't retroactive, and are treating patients like any other drug defendant. I know this isn't your wished for "yes or no" answer, however, there is NO yes or no answer for this particular question...sorry...

 

Peace...j.b.

[Zombiefied]

333.26428 Defenses.

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

 

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(B) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.