Affirmative defense
Source:
Section 475C.889 — Affirmative defense, https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html.
Notes of Decisions
For defendant to assert medical marijuana affirmative defense, physician advice regarding use of medical marijuana must occur before incident for which defendant is arrested. State v. Root, 202 Or App 491, 123 P3d 281 (2005), Sup Ct review denied
For defendant to assert “medical marijuana” affirmative defense under this section, advice given by attending physician must be based on particular diagnosis of “debilitating medical condition,” diagnosis of which is made within 12 months prior to arrest and also must be given within 12 months prior to arrest. State v. Luster, 271 Or App 425, 350 P3d 575 (2015), Sup Ct review denied
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