Note
Medical marijuana; tenant use; eviction, see §521-39.
Law Journals and Reviews
Gonzales v. Raich: How the Medical Marijuana Debate Invoked Commerce Clause Confusion. 28 UH L. Rev. 261.
Case Notes
District court erred in re-determining the fact of medical use in contrast to the parties' stipulation that petitioner possessed and transported medical marijuana under a valid Medical Marijuana Registry Patient Identification Certificate, thus preempting consideration of petitioner's affirmative defense; given that the State presented no evidence showing that the marijuana was for any other use other than a medical use, petitioner proved that petitioner was authorized to possess marijuana for medical purposes pursuant to this part for purposes of an affirmative defense under §712-1240.1(2). 129 H. 397, 301 P.3d 607 (2013).
[§329-126] Protections afforded to a treating physician. No physician shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana for a qualifying patient; provided that:
(1) The physician has diagnosed the patient as having a debilitating medical condition, as defined in section 329-121;
(2) The physician has explained the potential risks and benefits of the medical use of marijuana, as required under section 329-122;
(3) The written certification is based upon the physician's professional opinion after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship; and
(4) The physician has complied with the registration requirements of section 329-123. [L 2000, c 228, pt of §2]
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