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STATE v. ADAMS

No. 26168-9-III.

198 P.3d 1057 (2009)

STATE of Washington, Respondent, v. Timothy Earl ADAMS, Appellant.

Court of Appeals of Washington, Division 3.

January 13, 2009.

Attorney(s) appearing for the Case

Janet G. Gemberling, Julia A. Dooris, Gemberling & Dooris P.S., Seattle, WA, for Appellant.

Arthur J. Bieker, Benton County Prosecutor's Office, Kennewick, WA, for Respondent.

SCHULTHEIS, C.J.

¶ 1 Timothy Adams appeals his conviction of maintaining a dwelling for controlled substances, claiming the trial court erred in prohibiting him from raising a "primary caregiver" defense under the Washington State Medical Use of Marijuana Act (Medical Marijuana Act or Act), chapter 69.51A RCW. We conclude that Mr. Adams produced sufficient evidence to raise the defense and therefore reverse and remand.

FACTS

¶ 2 In March...

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