Who may assert the Affirmative Defense?
The Act makes a distinction between a “Qualifying Patient” and a “Patient.” A “qualifying patient” is a person who is eligible to use, possess, acquire, cultivate, transport and deliver marijuana after having been diagnosed by a doctor as suffering from one or more of the debilitating conditions specifically stated in section 3(a)(1)-(3) the Act and otherwise meets the criteria of said Act. In plain English, a “qualifying patient” is a person who meets the requirements of the Act and has received their registry identification (“card”) from the Department of Community Health. As a “qualifying patient” is protected from arrest, prosecution or penalty (including forfeiture of the medicine) under the provisions of the act it is unlikely, though still possible, that a situation will arise where they will need to plead the AD. Conversely, a “patient” is anyone who uses marijuana for medicinal purposes, but does not necessarily qualify under the provisions of the Act and is not eligible to re
