Thursday, January 21, 2010

Washington Supreme Court Renders Doctor's Prescription For Medical Marijuana Meaningless

In a bizarre opinion, the Washington Supreme Court ruled that the police can arrest an individual with a doctor's prescription for medical marijuana or even search his home for marijuana.  The judges ruled that Washington's medical marijuana law only allows for patients to raise the prescription as a defense at trial and does not preclude them from being arrested or searched.  Whether they qualify for a prescription is a decision that has to be made by a jury.  The only saving grace is that the Washington Supreme Court overturned the decision of the trial court by finding that a jury, and not a judge, has to make the decision of whether the patient qualifies for a prescription under the law.  However, the defendant in the case lost because his attorney admitted at trial that his client's condition did not qualify for a prescription under the law.

It looks like the Washington legislature is going to have to rewrite the law to make it meaningful again.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at or all us anytime at 1-800-228-7295.

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