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Marijuana Law – Keyed to Mikos
Washington v. Shepard
Facts
Mr. Shepard began growing marijuana for his friend, John Wilson, who suffers from varies conditions, including a debilitating spine condition and bipolar disorder. The debilitating spine condition hinders Mr. Wilson from growing and maintaining his own marijuana supply. Mr. Wilson is treated by Dr. Gregg Sharp, who provided Mr. Wilson with an “Authorization to Possess Marijuana for Medical Purposes in Washington State.” The authorization indicated that it was Dr. Sharp’s “medical opinion that the potential benefits of the medical use of marijuana may outweigh the health risks for this patient.” Judge Larry Kristianson refused to return the plants and held that Dr. Sharp’s statement in the authorization was inadequate to satisfy the Washington Initiative Measure No. 692 Act because it failed to set out the specific nature of Mr. Wilson’s medical condition and did not state that “the potential benefits o the medical use of marijuana would likely outweigh the health risks.” The State charged Mr. Shepard with felony possession of marijuana.
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