State v. Thayer

¶ 1. In this interlocutory appeal, defendant challenges the trial court’s denial of her right to present a necessity defense to the jury. Defendant is charged with knowingly and unlawfully cultivating more than twenty-five marijuana plants in violation of 18 V.S.A. § 4230(a)(4). Before trial, defendant moved for a jury instruction on the defense of necessity, asserting she used marijuana medicinally for her son, whose wasting symptoms are recognized under the state’s therapeutic use of cannabis act. 2003, No. 135 (Adj. Sess.), § 1; see 18 V.S.A. § 4472(2)(B). The trial court denied…