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Criminal Law Keyed to Lee
Commonwealth v. Hutchins
Facts
Joseph Hutchins was charged with possession of marijuana. Hutchins argued he had been diagnosed with Scleroderma, a disease that results in scar tissue build up throughout the body, and because no cure existed he was required to use marijuana the alleviate the symptoms, which included fatigue, nausea, and vomiting. Hutchins informed doctors that using marijuana seemed to alleviate his symptoms and while doctors did not admits the marijuana fully treated the disease, they did note that it seemed to alleviate the symptoms. However, Hutchins failed to obtain a prescription for the marijuana or be approved for participation in a research study on the medical benefits of marijuana usage. Hutchins filed a motion to dismiss based on medical necessity for the marijuana usage, submitting affidavits, excerpts from his medical records, and literature on the medical benefits of marijuana. The trial court ruled medical necessity was not an applicable defense to Hutchins’ charge of marijuana possession.
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