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What is Use of Marijuana? |
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Use of Marijuana means, simply, that a person knowingly smoked or otherwise used marijuana.
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Penalties: |
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What Defenses Are There? |
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Lack of Knowledge: |
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If someone used marijuana, but did not know that it was marijuana at the time he used it, he is not guilty of possession, even if he later learned that it was marijuana. For example, if someone is told that a hooka pipe contains tobacco and believes that it does when he smokes it, he is not guilty of Use of Marijuana if he later discovers that it contained marijuana.
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Valid Prescription for Medical Marijuana: |
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If you have a prescription or you have a condition which would make you eligible to get a medical marijuana prescription, you have a recognized defense.
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Jury Instruction |
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The defendant is charged with the crime of illegally using a controlled substance, marijuana. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
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First, that the defendant used a controlled substance.
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Second, that the substance used was marijuana.
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Third, that at the time he used it, the defendant knew the substance was marijuana.
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Fourth, that the substance was not obtained by a valid prescription given to the defendant.
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Related topics |
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