RI District Court and Traffic Tribunal Case Law

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

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. 

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