Arkansas Constitution of 1874 Amendment 98, § 7. Affirmative defense and dismissal for medical use of marijuana

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(a) Except as provided in § 6 of this amendment and this section, an individual may assert a medical purpose for using marijuana as an affirmative defense to prosecution for an offense involving marijuana intended for the individual's medical use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence demonstrates that the individual is:

(1) A qualifying patient or a designated caregiver;  and

(2) In compliance with the conditions set forth in § 3 of this amendment.

(b) The defense and motion to dismiss shall not prevail if either of the following are proven:

(1) The individual's registry identification card had been revoked at the time of the alleged offense;  or

(2) The purposes for the possession of marijuana were not solely for medical use.

(c) An individual is not required to be in actual physical possession of a registry identification card to raise the affirmative defense set forth in this section.

(d) If an individual demonstrates a medical use of marijuana under this section, except as provided in § 6 of this amendment, the individual shall not be subject to the following:

(1) Disciplinary action by a business, occupational, or professional licensing board or bureau;  or

(2) Forfeiture of any interest in or right to nonmarijuana, licit property.

Cite this article: FindLaw.com - Arkansas Constitution of 1874 Amendment 98, § 7. Affirmative defense and dismissal for medical use of marijuana - last updated January 01, 2020 | https://codes.findlaw.com/ar/arkansas-constitution-of-1874/ar-const-amend-98-sect-7.html


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