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STATE v. TRACY

No. 77534-6.

147 P.3d 559 (2006)

STATE of Washington, Respondent, v. Sharon Lee TRACY, Petitioner.

Supreme Court of Washington, En Banc.

Decided November 22, 2006.

Attorney(s) appearing for the Case

David Schultz, Camas, for Petitioner.

Peter S. Banks, Skamania County Prosecutor's Office, Stevenson, for Respondent.

Suzanne Lee Elliott, Seattle, for Amicus Curiae Wash. Ass'n of Criminal Defense Lawyers.

Pamela Beth Loginsky, Washington Assoc. of Prosecuting Atty., Olympia, Seth Aaron Fine, Snohomish Co. Prosecutor's Office, Everett, for Amicus Curiae Wash. Ass'n of Pros. Attorneys.

CHAMBERS, J.

¶ 1 In 1998, Washington voters passed Initiative 692 (I-692). I-692 created a compassionate use defense against prosecution for marijuana related crimes, but only for "qualifying patients." Ch. 69.51A RCW. Sharon Lee Tracy challenges her convictions for manufacturing and possessing marijuana on the theory that she was improperly prevented from presenting this defense. We conclude that she did not establish she was a "qualifying patient" entitled...

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