State v. Tate

The opinion of the Court was delivered by

CLIFFORD, J.

Defendant, Michael Tate, is afflicted with quadriplegia. The spasticity associated with that condition is sometimes so severe *67as to render defendant completely disabled. He claims that the use of marijuana provides relief. Indicted under N.J.S.A. 24:21-20(a)(4) for possession of over twenty-five grams of marijuana, defendant notified the State of his intention to rely on the defense of “medical necessity.” He claims the defense under N.J.S.A. 2C:3-2(a), which provides standards for determining whether conduct that would otherwise constitute…