State v. Hastings

McDEVITT, Justice.

On March 8, 1989, Coeur d’Alene police officers conducted a search of defendant’s residence, where they found some ten or twelve marijuana plants growing in the basement. Hastings wished to present a defense of medical necessity based on the fact that she suffers from rheumatoid arthritis and uses marijuana to control the pain and muscle spasms associated with this disease. The trial judge ruled that he would not instruct the jury on medical necessity, because he did not consider it a valid defense in Idaho. He did, however, invite defense counsel to make an oral offer of…