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I've always found these sub-sections (under Affirmative Defense) interesting.....

 

(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

 

 

Sooooo.....

If I'm interpreting this correctly, the law is covering my a** if I'm in court for possessing more than my 2.5 ozs. for me (CG) AND my patient is in possession of more than his/her 2.5 ozs. a jury would (or should) find that we were following the law as long as the amount was reasonably within the scope of "continual flow"?

 

Can an attorney here elaborate?

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"All in a hot and copper sky, the bloody sun at noon.." I love your footer!

 

The section 8 defense allows a noncardholder to raise a defense against prosecution for MJ if the elements of the defense are proven - That (generally) a Dr. said MJ can help the patient, and that the pt and CG were not in possession of more MJ than was needed. Some judges have said that the default 12 plants/2.5 oz in section 4 can't automatically be used as a "reasonable amount" to satisfy the limits in Sec. 8. So if you are not a cardholder, and you have even only 2 plants and one oz of MJ, you may still need to prove that you needed those two plants and the whole oz. On the other hand, if you are a cardholder but are busted with 20 plants an a pound of MJ, Section 8 gives you the option of launching a defense based on the position that you need that much MJ. This is where you build your case for the judge - get witnesses (Dr.s etc.) with clout to testify "Yes Patient X has MS and COPD, so he needs MJ but can't smoke. It is recemmonded that this patient consume MJ orally in the amount of 7 grams per day" In this case, that pound of MJ would be a 1-month supply and likely to be considered reasonable.

 

I've always found these sub-sections (under Affirmative Defense) interesting.....

 

(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

 

 

Sooooo.....

If I'm interpreting this correctly, the law is covering my a** if I'm in court for possessing more than my 2.5 ozs. for me (CG) AND my patient is in possession of more than his/her 2.5 ozs. a jury would (or should) find that we were following the law as long as the amount was reasonably within the scope of "continual flow"?

 

Can an attorney here elaborate?

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"All in a hot and copper sky, the bloody sun at noon.." I love your footer!

 

 

Yeah, me too. Not EXACT quote, just wrote that from memory. I was a 'weird' kid in high school. Someone told my english teacher I memorized the Rime of the Ancient Mariner, she didn't believe 'til I stood up and recited the entire poem, it made her cry ;)

 

The section 8 defense allows a noncardholder to raise a defense against prosecution for MJ if the elements of the defense are proven - That (generally) a Dr. said MJ can help the patient, and that the pt and CG were not in possession of more MJ than was needed. Some judges have said that the default 12 plants/2.5 oz in section 4 can't automatically be used as a "reasonable amount" to satisfy the limits in Sec. 8. So if you are not a cardholder, and you have even only 2 plants and one oz of MJ, you may still need to prove that you needed those two plants and the whole oz. On the other hand, if you are a cardholder but are busted with 20 plants an a pound of MJ, Section 8 gives you the option of launching a defense based on the position that you need that much MJ. This is where you build your case for the judge - get witnesses (Dr.s etc.) with clout to testify "Yes Patient X has MS and COPD, so he needs MJ but can't smoke. It is recemmonded that this patient consume MJ orally in the amount of 7 grams per day" In this case, that pound of MJ would be a 1-month supply and likely to be considered reasonable.

 

 

Got ya, much more clear now. Thank you.

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  • 2 weeks later...
The section 8 defense allows a noncardholder to raise a defense against prosecution for MJ if the elements of the defense are proven - That (generally) a Dr. said MJ can help the patient, and that the pt and CG were not in possession of more MJ than was needed. Some judges have said that the default 12 plants/2.5 oz in section 4 can't automatically be used as a "reasonable amount" to satisfy the limits in Sec. 8. So if you are not a cardholder, and you have even only 2 plants and one oz of MJ, you may still need to prove that you needed those two plants and the whole oz. On the other hand, if you are a cardholder but are busted with 20 plants an a pound of MJ, Section 8 gives you the option of launching a defense based on the position that you need that much MJ. This is where you build your case for the judge - get witnesses (Dr.s etc.) with clout to testify "Yes Patient X has MS and COPD, so he needs MJ but can't smoke. It is recemmonded that this patient consume MJ orally in the amount of 7 grams per day" In this case, that pound of MJ would be a 1-month supply and likely to be considered reasonable.

 

What judge has said you have to satisfy BOTH section 8 and section 4? If you have section 4 locked down (caregiver connected through the registry system possessing 2.5 ounces and 12 plants per patient) you don't also have to prove it was a reasonable amount.

 

If you are in possession of more than 2.5 ounces or 12 plants or are outside the caregiver registry system you can potentially use the section 8 affirmative defense to win anyway but I think these cases are still being litigated. But I do not agree the prosecutor had an argument that a patient is in violation when he is not over the plant count and weight limits.

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