WPIC 52.11.03 Medical Marijuana—Cooperative—Defense

RCW 69.51A.250 establishes the requirements for a medical marijuana cooperative. The court will have to determine which elements of a marijuana cooperative are fact questions to be submitted to the jury.

This defense is available for offenses committed on or after July 1, 2016. This defense is fact-based, so the WPI Committee did not draft an instruction.

The defendant bears the burden of establishing the defense by a preponderance of the evidence. State v. Markwart, 182 Wn.App. 335, 329 P.3d 108 (2014); State v. Phelps, 118 Wn.App. 740, 744, 77 P.3d 678 (2003); State v. Shepherd, 110 Wn.App. 544, 550, 41 P.3d 1235 (2002). For offenses committed on or after July 1, 2016, the defense is available only to defendants whose acts are in strict compliance with RCW Chapter 69.51A. RCW 69.51A.005(2).

An instruction should only be given if requested by the defendant. State v. Lynch, 178 Wn.2d 487, 309 P.3d 482 (2013) (a defendant's constitutional right to control his or her defense prohibits the giving of instructions concerning defenses over the defendant's objections).