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STATE v. BROWNE

No. 31156-2-III.

327 P.3d 63 (2014)

STATE of Washington, Respondent, v. Paul Desmond BROWNE, Appellant.

Court of Appeals of Washington, Division 3.

June 12, 2014.

Attorney(s) appearing for the Case

Frank Louis Cikutovich , Stiley & Cikutovich, Spokane, WA, for Appellant.

Steven Michael Clem , Douglas County Prosecuting Attorney, Walter Gordon Edgar , Attorney at Law, Waterville, WA, for Respondent.

KORSMO, J.

¶ 1 The trial court excluded Paul Browne's medical marijuana defense because he had more plants than were permitted by the Washington Administrative Code (WAC). We conclude this was error under the facts of this case and remand the case for a new trial.

FACTS1

¶ 2 Mr. Browne was the designated medical marijuana provider for his son, Daniel DeHart-Browne. Mr. DeHart-Browne suffers from cyclical vomiting...

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