The Defendant appealed the trial magistrate’s decision sustaining the charged violation of G.L. 1956 §21-28-4.01 (possession of marijuana, one ounce or less, 18 years or older).  The Defendant contended she was denied her right to an evidentiary hearing under §21-28.6-8, which establishes certain affirmative defenses to a charge of possession of marijuana based upon medical use.  In order to invoke an evidentiary hearing under §21-28.6-8, an individual must assert the affirmative defense.  However, here the Defendant never asserted the affirmative defense and could not raise the issue for the first time on appeal.  The Panel denied the Defendant’s appeal.