The Necessity Defense for Medical Marijuana Patients – 2015 Minnesota Proposed Legislation HF 542 – SF 404 Redux

Minneapolis Criminal Law News

The problem:  In Minnesota today, a medical marijuana patient charged with a marijuana crime is no longer allowed by the courts to tell the jury they were treating illness with marijuana.

shhhhThe solution:  A Bill in the 2015 Legislature would legislatively overrule the court decision that took away “the necessity defense” from medical marijuana patients facing marijuana charges.

Marijuana has been used as effective medicine for thousands of years.  In the 1930s, Minnesota joined a social experiment of Prohibition outlawing the plant – even for medical use. Today though, a majority in the U.S.A. believe that medical marijuana should not be a crime.

Trial by jury limits the power of the government to enforce laws in ways that violate the conscience of the community.  Yet when a chronic pain patient using marijuana as medicine is charged with a marijuana crime, but is not permitted to have their…

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