STATE v. ROOT

001205; A119585.

123 P.3d 281 (2005)

202 Or. App. 491

STATE of Oregon, Respondent, v. Randy Eugene ROOT, Appellant.

Court of Appeals of Oregon.

Decided November 9, 2005.


Attorney(s) appearing for the Case

Jennelle M. Barton, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Christina M. Hutchins, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and DEITS, Judge Pro Tempore.


DEITS, J. Pro Tempore.

Defendant appeals after being convicted of several counts of manufacture and possession of marijuana, a controlled substance. ORS 475.992(1)(a); ORS 475.992(4)(a). Defendant challenges the trial court's refusal to allow him to rely on the medical use of marijuana as an affirmative defense. ORS 475.319(1).1 For the reasons explained below, we affirm.

According to defendant's own testimony, he has suffered...

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