State v. Kurtz

¶1 —William Kurtz challenges the Court of Appeals decision affirming his conviction for possession *468and manufacturing of marijuana. He argues that the trial court erred in denying his request to raise a common law medical necessity defense. We hold that medical necessity remains an available defense to marijuana prosecution and that the Washington State Medical Use of Marijuana Act (the Act),1 chapter 69.51A RCW, does not abrogate the common law. We reverse and remand for further proceedings.

FACTS

¶2 In 2010, police executed a search warrant on petitioner William Kurtz’s home and found…