S.D. Court Rules Against Medical Necessity
The South Dakota Supreme Court ruled Thursday that "medical necessity" is not a defense to a possession of marijuana charge. A quadriplegic who used marijuana to attempt to treat spastic tremors and pain throughout his body attempted to invoke the necessity defense when arrested for possession at a local jazz festival. Based on construction of South Dakota's statute, the court unanimously ruled the defense did not apply. The case is State v. Matthew Ducheneaux and here is the opinion. [Thanks to Tim of Progressive Prairie for the link]
[comments now closed]
| < FBI Knocks Again | Florida Serving Rotten Food to Death Row Inmates > |