STATE v. TATE


102 N.J. 64 (1986)

505 A.2d 941

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL TATE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 24, 1986.


Attorney(s) appearing for the Case

Paul F. Chaiet, Assistant Prosecutor, argued the cause for appellant (John A. Kaye, Monmouth County Prosecutor, attorney; James W. Kennedy, Assistant Prosecutor, of counsel and on the brief).

Robert I. Ansell argued the cause for respondent (Anschelewitz, Barr & Ansell, attorneys).

Linda L. Yoder, Deputy Attorney General, argued the cause for amicus curiae Attorney General (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Richard L. Plotkin submitted a brief on behalf of amicus curiae The Alliance for Cannabis Therapeutics (Pitney, Hardin, Kipp & Szuch, attorneys; Karen J. Henderson and Mikol S.B. Neilson, members of the District of Columbia bar, of counsel).


The opinion of the Court was delivered by CLIFFORD, J.

Defendant, Michael Tate, is afflicted with quadriplegia. The spasticity associated with that condition is sometimes so severe as to render defendant completely disabled. He claims that the use of marijuana provides relief. Indicted under N.J.S.A. 24:21-20(a)(4) for possession of over twenty-five grams of marijuana, defendant notified the State of his intention to...

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