Medical Marijuana Defense

Defendant appealed the Rhode Island Traffic Tribunal Appeal’s Panel sustaining defendant’s conviction under R.I.G.L. § 21-28-4.01 (“possession of marijuana, one ounce or less, 18 years or older”). Defendant argued that he qualified for the affirmative defense established in R.I.G.L. 21-28.6-8 (“Medical Marijuana Act”). Defendant was issued a citation on October 17, 2014, in North Kingston. The District Court held that the defendant did not have to be a “cardholder” to qualify to the affirmative defense; however, the document created by the defendant’s physician, which established that the defendant was a “qualifying patient,” was not created until after the date of his citation. Therefore, the defendant could not establish that he was a “qualifying patient” on the date of the offense and was not entitled to the affirmative defense. Accordingly, the District Court denied the defendant’s appeal. 

Dennis Wilkinson v. Town of North Kingston, A.A. No. 15-128 (August 30, 2016).pdf