VA MARIJUANA LAW: U.S. FOURTH CIRCUIT COURT OF APPEALS SAY MEDICAL NECESSITY NOT A DEFENSE TO MARIJUANA CHARGES

On March 8, 2012, the United States Court of Appeals for the Fourth Circuit ruled that evidence of medical necessity is not a defense to a marijuana possession charge.

Defense attorneys had hoped that this influential appeals court would allow the medical necessity defense. But in United States v. Henry, the appeals court upheld the convictions and five-year federal prison sentence for a West Virginia couple who claim they were growing marijuana on these own property because Mr. Henry used marijuana to treat a serious medical condition.

The Fourth Circuit ruled that because Congress has determined that there is no medical benefit from the use of marijuana, such use cannot serve as a defense to conduct prohibited by the Controlled Substances Act.

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Categories: medical marijuana

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