Changes In The Law Put Lawful Medical Marijuana Users and Growers At Risk
The Washington State Supreme Court released a decision that fundamentally changes how medical marijuana is treated in this state. On January 21, 2010, the court released its decision in State v. Fry. The court ruled that I-692, the voter initiative authorizing medical marijuana did not legalize medical marijuana in Washington State. This is an important distinction, because if medical marijuana was authorized then the police would not have probable cause to arrest a medical marijuana card holder for marijuana possession or marijuana growing.
According to the court, even if you have a medical marijuana ID card, you can still be arrested and brought to trial for possessing your medical marijuana. This fundamentally changes how criminal defense lawyers must approach medical marijuana cases in Washington State. The medical marijuana card is now only an affirmative defense, meaning that you are technically guilty but have a legal justification for your conduct.
After the State v. Fry ruling, a criminal defense lawyer must be prepared to take a medical marijuana case to trial. A good criminal defense lawyer can assume that the prosecution’s first tactic will be to argue that you are not authorized to have a medical marijuana card. This means that your lawyer must be prepared to prove that you are entitled to a medical marijuana card, that you were in compliance with the medical marijuana statute, but the attorney must also be prepared to treat your case like any other drug case. That means being prepared with motions to exclude evidence and to challenge probable cause.
