STATE v. KURTZ

No. 87078-1.

309 P.3d 472 (2013)

178 Wn.2d 466

STATE of Washington, Respondent, v. William Andrew KURTZ, Petitioner.

Supreme Court of Washington, En Banc.

September 19, 2013.


Attorney(s) appearing for the Case

Suzanne Lee Elliott , Attorney at Law, Seattle, WA, for Petitioner.

Olivia Zhou , Thurston County Prosecutor's Office, Olympia, WA, for Respondent.

Shawn J. Larsen-Bright , Dorsey Whitney LLP, Sarah A. Dunne , Mark Muzzey Cooke , ACLU of Washington Foundation, Seattle, WA, for Amicus Curiae on behalf of American Civil Liberties Union of Washington.


MADSEN, C.J.

¶ 1 William Kurtz challenges the Court of Appeals decision affirming his conviction for possession and manufacturing of marijuana. He argues that the trial court erred in denying his request to raise a common law medical necessity defense. We hold that medical necessity remains an available defense to marijuana prosecution and that the Washington State Medical Use of Marijuana Act (the Act),1 chapter 69.51A RCW, does...

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