Doctors Note does not prevent Prosecution

Under the medical marijuana initiative, it is perfectly legal for individuals to use marijuana for specific medical ailments. If a person has a medical condition that qualifies, a physician can grant them a medical marijuana authorization after they have been advised of the benefits vs. risks. The law provides that patients and doctors can use this law as an affirmative defense should they face prosecution. However, it does not necessarily protect them from prosecution in the first place. This was the situation with a recent case State vs. Fry, where despite a medical marijuana license, the defendant was charged and convicted of possession. This case appears to send an unsettling message that having a note from your doctor does not provide much protection from the law, particularly for the people that need it most.

What is a Qualifying Patient?

Medical Marijuana can be authorized for a variety of medical conditions such as terminal diseases like cancer and HIV, glaucoma, multiple sclerosis and other chronic diseases. It is also authorized for use with such conditions that cause chronic, intractable pain that cannot be relieved by conventional medicine. In this particular case, the defendant had been given a card because of “severe anxiety, rage and depression related to childhood.” While he had been given this card legitimately by a doctor, the court found that he was not a “qualifying patient” under RCW 69.51A.101.

According to the current state of affairs, it appears that there is a lot of grey area between the need for an effective medication for the medically ill, and what the state will allow. Prescribers of medical marijuana may feel that unrelenting depression and rage merit the use of marijuana, while the court disagreed in Fry, stating that it was not on the list of terminal and debilitating conditions under the statute.

It is also important to realize that even if a particular disease is found to be on the list of acceptable illnesses, you may only have a sixty day supply. This amounts to 24 ounces of usable marijuana and 15 plants. The sixty day supply rule is woefully inadequate for the patients that truly need the drug to function given their health challenges.

As it stands, the power and purpose of the medical marijuana statute is to help patients that need cannabis as medication. The rules as they are currently being interpreted take the power away from the medical health professionals and their professional judgment. This recent court ruling seems to fly in the face of the spirit of the statute, which is to help ill people who truly need this medicine.

Are you facing Possession of Marijuana charges?

If you are facing possession of marijuana charges, it is important to contact an experienced defense attorney to help you understand your case and the potential consequences you may be facing. Call our office at (206) 382-9200, to schedule your free consultation for a case analysis.