§ 21-28.6-8 - Affirmative defense and dismissal.
SECTION 21-28.6-8
§ 21-28.6-8 Affirmative defense anddismissal. – (a) Except as provided in § 21-28.6-7, a person and a person's primarycaregiver, if any, may assert the medical purpose for using marijuana as adefense to any prosecution involving marijuana, and such defense shall bepresumed valid where the evidence shows that:
(1) The qualifying patient's practitioner has stated that, inthe practitioner's professional opinion, after having completed a fullassessment of the person's medical history and current medical condition madein the course of a bona fide practitioner-patient relationship, the potentialbenefits of using marijuana for medical purposes would likely outweigh thehealth risks for the qualifying patient; and
(2) The person and the person's primary caregiver, if any,were collectively in possession of a quantity of marijuana that was not morethan what is permitted under this chapter to ensure the uninterruptedavailability of marijuana for the purpose of alleviating the person's medicalcondition or symptoms associated with the medical condition.
(b) A person may assert the medical purpose for usingmarijuana in a motion to dismiss, and the charges shall be dismissed followingan evidentiary hearing where the defendant shows the elements listed insubsection (a) of this section.
(c) Any interest in or right to property that was possessed,owned, or used in connection with a person's use of marijuana for medicalpurposes shall not be forfeited if the person or the person's primary caregiverdemonstrates the person's medical purpose for using marijuana pursuant to thissection.