Marijuana Conviction Reversed

On August 24, 2004 a Spokane man, Loren Hanson, had his business, the Manor Lodge Motel, raided by a law enforcement task force that seized 34 mature marijuana plants. Hanson was not present when the raid took place. The next day he turned himself into authorities with the documentation stating that he has glaucoma and is allergic to many of the medications used to treat the disease and therefore has the right to use marijuana for medicinal purposes.The judge at the time ruled that Hanson did not qualify for exemption because he presented the documentation after the his business was raided.

Washington State is one among 11 states that allow for medicinal marijuana use with the recommendation of a doctor. The Medical Marijuana Act adopted nine years ago states that patients who have a doctors recommendation, especially a prescription are permitted under the law to possess a 60-day supply of the drug. Glaucoma is one of the diseases that is protected under Initiative 692.

Two of the three appellate judges ruled that timing wasn't an issue in Hanson's case because he was not present during the raid and presented his documentation to the authorities at the first available opportunity. The third judge argues that timing is not the issue it is the amount that Hanson possessed and questioned whether the 34 plants was a 60-supply.

The reversal of the case is the first of its kind in Washington State and Hanson "couldn't be more happy with the ruling."

The prosecutor on the case says he is still studying the ruling and then he will decide whether to appeal the case to the state Supreme Court. He hopes that the case will give the Medical Marijuana Act more clarity for future cases.