Case library · No Choice
Marijuana For Muscle Spasms
State v. Tate (1986)
Charge: Possession of more than 25 grams of marijuanaCourt: Supreme Court of New JerseyState: New JerseyDocket: No Choice
The facts
A man paralyzed from the neck down suffered severe spastic contractions. He said no prescription drug controlled them, but that marijuana did. He was charged with possessing more than 25 grams. He argued the general defence of necessity in the criminal code should excuse him, because the drug was medically required. The state answered that the legislature had already fixed how marijuana may be used medically, and that a judge cannot add an exception the lawmakers left out.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: State v. Tate, 102 N.J. 64, 505 A.2d 941 (1986)
Read more at law.justia.com. The source reveals the outcome.