Admissibility of out-of-state medical marijuana card

[CASE] At her trial for possession and manufacture of marijuana, the defendant was not allowed to introduce evidence of her California medical marijuana card. Division 2 affirmed.

First the court noted that the defendant had not included the California authorization in the appellate record and thus upheld the trial court's determination.

The appellate court nonetheless addressed whether a California doctor certification could meet the requirements of the Washington medical marijuana statute (RCW 69.51A.010). Answer? No -- so a Washington defendant could not be a "qualifying patient" under Washington law even if the California card had been admitted.

State v. Tracy, 115 P.3d 381 (Wash. App. July 12, 2005), Find Result - 2005 WL 1620315.