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Year: 2015

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Necessity Defense for Medical Marijuana Patients – 2015 Bill Redux

Trial by jury limits the power of the government to enforce laws in ways that violate the conscience of the community. Yet when a chronic pain patient using marijuana as medicine is charged with a marijuana crime, but is not permitted to have their physician testify, or to testify about it themselves; there is no meaningful jury trial. When the court prevents the jury from hearing defense evidence, excluding the defense, her right to present a defense is violated.

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Minnesota’s Incomplete Marijuana Decriminalization – Resinous Form Exception

Though a small amount of marijuana in its plant form is decriminalized; any amount – even a small amount – of hashish, hash oil, cannabis wax, or a similar “resinous form of marijuana” can be charged as a felony crime under current Minnesota law. There is no rational basis to treat a person with the resinous form as a felon, while a person with the plant-form is not a criminal at all. The law should be updated to reflect current Minnesota public policy favoring the resinious form of marijuana, by treating small amounts of all forms of marijuana the same.