State v. Reis (Summary)


Washington State Supreme Court

State v. Reis: In a unanimous opinion authored by Justice Wiggins, the court found that the 2011 amendments to RCW 69.51A.040 do not decriminalize the possession of marijuana for medical use because such decriminalization was conditioned upon the establishment of a statewide registry of medical marijuana patients. However, because Governor Gregoire vetoed the provisions that would have established the registry, no registry currently exists, making registration impossible and thus, rendering the possession of marijuana for medical use still a crime, subject to certain limited affirmative defenses. Therefore, the Court found, the search of Mr. Reis’ home pursuant to a warrant in this case was legal, and the case was remanded for further hearings to determine the applicability of the affirmative defense.

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