State v. DeRobbio
Annotate this CaseDefendants were charged with possessing marijuana with the intent to deliver it in violation of the Uniform Controlled Substances Act (CSA), manufacturing marijuana, and conspiracy to violate the CSA. Defendants moved to dismiss the criminal information as to all counts, relying on an affirmative defense and dismissal provision set forth in the Medical Marijuana Act. The superior court dismissed the criminal information, determining that Defendants lawfully possessed an authorized amount of marijuana plants and usable marijuana. The Supreme Court vacated the judgment of the superior court, holding that because, in contravention of the plain terms of the Act, no evidentiary hearing was held to show Defendants were in possession of an amount of medical marijuana that conformed to the limits set forth in the Act, the court's dismissal was premature. Remanded.
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