A.G. Gancarski
With bills in both the Florida House and Senate having been filed this session to legalize marijuana for personal use, along with the continuing Charlotte’s Web debate, it seemed inevitable that someone would attempt a “medical necessity” defense for growing marijuana.
What seemed less inevitable is that it worked.
The Sun-Sentinel reports that a Broward County jury of 6 acquitted Jesse Teplicki, a marijuana grower who claimed that he needed cannabis to deal with a decades-long struggle with anorexia. The prosecutor claimed that the defendant failed to demonstrate “medical need” and failed to consult a “treating physician.” The jury was unswayed by these arguments.
“This is an historic decision in the state of Florida,” said defense lawyer Michael C. Minardi to the Sun-Sentinel. “Hopefully prosecutors heed the decision and are less likely to prosecute this kind of case in the future.”
This sets up judicial precedent for medical necessity defenses in Florida, which could complicate prosecution efforts for possession and manufacture alike in some cases; arguably, this places the onus on the legislature to expedite action in this area of the law.
