State v. Tate

505 A.2d 941 (1986)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D is afflicted with quadriplegia. The spasticity is sometimes so severe as to render defendant completely disabled. D claims that the use of marijuana provides relief. Police received a report from an informant that D was selling narcotics from his parents' home to Manalapan High School students. The officers recovered a large amount of marijuana, a scale, paraphernalia, and money. D was charged with possession of marijuana and possession with intent to distribute. He was indicted only for possession of over twenty-five grams of marijuana. D notified P of his intention to rely on the defense of 'medical necessity.' P moved to strike the defense. P argued that D had failed to seek a legal alternative to his self-prescriptions in that he had not applied for such use under the Controlled Dangerous Substances Therapeutic Research Act, and that D had failed to indicate through discovery any medical evidence that his condition is alleviated by the use of marijuana. Dr. Thomas Culkin, who was the Executive Director of the Drug Utilization Review Council in the State Department of Health, and Administrator of the Controlled Dangerous Substances Therapeutic Research Program, testified for D. He stated that the purpose of the TRA was 'to make available through physicians in the State of New Jersey under highly controlled circumstances Schedule I substances. Among those are marijuana, heroin, and a number of other substances * * * for the purposes of alleviating patients in whom regular therapy has not worked.' He noted that at its inception, the program was funded at a level of $ 25,000, but that it 'has never gotten off the ground in any practical sense.' The court denied P’s motion. The appeals court affirmed. P appealed.