State v. Hanson

138 Wash. App. 322
CourtCourt of Appeals of Washington
DecidedMay 1, 2007
DocketNo. 24778-3-III
StatusPublished
Cited by11 cases

This text of 138 Wash. App. 322 (State v. Hanson) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hanson, 138 Wash. App. 322 (Wash. Ct. App. 2007).

Opinions

¶1 This appeal follows a conviction for manufacturing marijuana. The defendant admits he grew the marijuana. He assigns error to the trial judge’s refusal to admit his physician’s authorization for the use of marijuana. And he assigns error to the judge’s refusal to accept his affirmative defense that he used the drug for medical purposes within the requirements of the Washington State Medical Use of Marijuana Act (Medical Marijuana Act or Act), chapter 69.51A RCW. He obtained a formal written authorization to use marijuana the day after the police raided his motel but before they charged him. We conclude that the defendant satisfied the requirements of a qualifying patient under the Medical Marijuana Act. He presented the valid documentation necessary under the Act when required. We therefore reverse his conviction and dismiss the prosecution.

Sweeney, C.J.

[325]*325FACTS

¶2 The police executed a search warrant on Loren Hanson’s motel on August 24, 2004. He was not present. So no one could question him about whether he had the necessary authorization to use marijuana. Police seized 34 growing marijuana plants. The next day, Mr. Hanson obtained a valid authorization from his physician to use marijuana for medical purposes. The authorization is on an appropriate Washington State Medical Association form.

¶3 The State and Mr. Hanson submitted the case to the court on stipulated facts. Mr. Hanson stipulated that he knowingly manufactured marijuana. He argued, nonetheless, that he satisfied the requirements of the Medical Marijuana Act and moved to dismiss the prosecution based on that statutory affirmative defense. The State moved to exclude his physician’s authorization because it came after the raid. The judge agreed that it came too late, and the authorization was not at the motel at the time of the raid. The judge, therefore, refused to admit the authorization.

¶4 The court then found Mr. Hanson guilty of manufacturing a controlled substance, marijuana.

DISCUSSION

¶5 Mr. Hanson argues that he meets the definition of a qualifying patient—that requires no documentation. Next, he says that when prompted for his “valid documentation,” he presented it. He says the statute requires no more.

¶6 The State responds that Mr. Hanson’s authorization comes too late since it followed the seizure. And the authorization fails to satisfy the statutory requirements anyway since it does not show that the benefits and hazards of marijuana use were explained to Mr. Hanson.

¶7 The question presented is a question of law. Specifically, the issue is whether the trial judge’s factual findings support his conclusion that Mr. Hanson failed to satisfy the requirements of the Medical Marijuana Act. [326]*326And, of course, we must interpret and apply the Act. Our review is then de novo. State v. Shepherd, 110 Wn. App. 544, 550, 41 P.3d 1235 (2002). And here no one suggests any ambiguity in the statutory scheme. So we apply the plain language of the Act. State v. Hahn, 83 Wn. App. 825, 832, 924 P.2d 392 (1996).

Qualifying Patient

¶8 Mr. Hanson says that he was a qualifying patient and that his status as a qualifying patient did not require documentation, valid or otherwise. To be a “qualifying patient” under the Medical Marijuana Act, Mr. Hanson must:

• be a patient of a licensed physician,
• have been diagnosed with a debilitating disease,
• be a resident of the state at the time of diagnosis,
• have been advised of the risks and benefits of the medical use of marijuana,
• and have been advised by his physician that he may benefit from its use.

RCW 69.51A.010(3).

¶9 The authorization rejected by the trial court satisfies these requirements. And, moreover, the State did not challenge in the trial court and does not challenge here on appeal Mr. Hanson’s status as a “qualifying patient.” The State’s objection and the trial court’s decision rests on the fact that the authorization came the day after the raid. But by its clear language, to be a “qualifying patient” under the Medical Marijuana Act does not require the authorization form. Mr. Hanson only has to present the form when asked by the police. RCW 69.51A.040(2)(c).

Qualifying Patient’s Affirmative Defense

¶10 To establish the affirmative defense, Mr. Hanson must:

• be a qualifying patient,
• possess no more marijuana than necessary for his personal, medical use and not exceed a 60-day supply,
[327]*327• and present his valid documentation “to any law enforcement official who questions the patient regarding his or her medical use of marijuana.”

RCW 69.51A.040(2) (emphasis added).

¶11 Again, the only issue here is whether he satisfied this last requirement. Mr. Hanson went to the police station the day after this raid and presented the police with a valid authorization. That seems to be all the Medical Marijuana Act requires. The court’s findings suggest that the authorization must be posted. Clerk’s Papers at 20 (Finding of Fact 12). But we do not find that requirement in the statutes.

¶12 In State v. Butler, Division Two of this court held that “[i]n order to render [a defendant’s] marijuana possession legal under the Act, [the defendant] needed to obtain and to possess . . . documentation from his personal physician in advance of law enforcement’s questioning his medical use and possession.” State v. Butler, 126 Wn. App. 741, 750-51, 109 P.3d 493 (2005) (emphasis omitted). And the statute requires that a qualifying patient shall “[p] resent his or her valid documentation to any law enforcement official who questions the patient regarding his or her medical use of marijuana.” RCW 69.51A.040(2)(c). But again, we find nothing in the statute that requires that the documentation be posted or that the qualifying patient obtain the documentation in advance, although that is no doubt a preferable practice. Had Mr. Hanson been present on the day of this raid and had he been asked to present valid documentation, he would not have been able to do so and would not, then, have satisfied the requirements of the statute. But that did not happen here.

¶13 On this record, Mr. Hanson was questioned when he went to the police station the day after the raid. He went to the police voluntarily and provided valid documentation. That was the first day police “questioned” him regarding his medical marijuana use. He then satisfied the provisions of the Medical Marijuana Act.

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Cite This Page — Counsel Stack

Bluebook (online)
138 Wash. App. 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hanson-washctapp-2007.