State v. Brown

¶1 After a bench trial on stipulated facts, the trial court found G.B. Brown guilty of unlawful manufacture of marijuana and unlawful possession of marijuana with intent to deliver. Brown appeals, arguing that the trial court erred in denying him the opportunity to present the affirmative defense that he was a designated provider under the Washington State Medical Use of Marijuana Act (Act), chapter 69.51A RCW. We agree with Brown and reverse.

FACTS

¶2 In August 2009, Thurston County sheriff’s deputies contacted Brown at his residence because they had received a tip that Brown was selling…