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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
First, it reiterated that "unlike [Proposition 215], which did not immunize medical marijuana users from arrest but instead provided a limited 'immunity' defense to prosecution under state law for cultivation or possession of marijuana [citation], the MMP's identification card system is designed to protect against unnecessary arrest."
Justification and excuse are different defenses in a United States criminal case. [1]: 513 Both defenses admit that the defendant committed an act proscribed by law. [1]: 513 The proscribed act has justification if the act had positive effects that outweigh its negative effects, or is not wrong or blameworthy.
The Adult Use of Marijuana Act (AUMA) (Proposition 64) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. [2] The initiative passed with 57% voter approval and became law on November 9, 2016, [3] [4] leading to recreational cannabis sales in California by ...
In April and May 2011, the Maryland General Assembly approved and Gov. Martin O'Malley signed an affirmative defense bill, removing criminal penalties from qualifying patients who possess up to an ounce of marijuana and establishing a work group to study a more comprehensive law. [18]
The petition for the “Dallas Freedom Act” proposes that police stop writing tickets or making arrests for less than four ounces of marijuana. Currently, possessing two to four ounces is a ...
In the years immediately leading up to the Amendment's adoption there was a newfound interest in medical marijuana research. Between 1996 and 2000 eight states approved some form of medical marijuana use. [3] Advocates and opponents both pointed to scientific evidence to make their case. [3]
A successful affirmative defense means not that a criminal act was justified, but that the act was not criminal at all. But if no affirmative defense of duress is available, then the duress may be considered as justifying a lighter sentence, typically in proportion to the degree of duress. If the duress is extreme enough, for example, the ...