Washington State Supreme Court: Cannabis Defendants Can Argue Medical Necessity

In a 5 to 4 vote, Washington State’s Supreme Court has ruled that individuals charged for cannabis can argue that they needed, and were in possession of the cannabis for medical purposessaved, and can be set free on “medical necessity”, even if they’ve never received a written authorization.

Justice Barbara Madsen wrote the majority opinion, stating that people who fail to follow the state’s medical cannabis law can nevertheless argue in court that they needed the cannabis for medical reasons. In order to do so, however, they must also show why complying with the state’s medical cannabis law wasn’t a viable alternative for them (financial issues may be one example of a reason, given the sometimes high-cost of receiving a medical cannabis recommendation for those whose primary physician may not be cannabis-friendly).

Read moreWashington State Supreme Court: Cannabis Defendants Can Argue Medical Necessity