Idaho v. Meyer

Washington resident and appellant Douglas Meyer appealed his felony conviction for possession of over three ounces of marijuana. Meyer argued the district court erred when it denied his request for a jury instruction on the necessity defense. Meyer had a prescription for medical marijuana and was the designated medical marijuana provider for Tammy Rose. He was arrested while driving through Idaho on his way to California with over three ounces of marijuana in his vehicle. He argued that the district court was required to provide a necessity defense jury instruction because he had made a prima facie showing of each of the elements of that defense. The Supreme Court concluded that the district court erred in its reasoning for the denial, but not in its conclusion. “Without a prima facie showing that Meyer did not have any legal alternative to manage his pain for a short period of time, including through the procurement of medications which [were] legal in the State of Idaho, Meyer cannot show that the district court erred in refusing to instruct the jury as to necessity.” View "Idaho v. Meyer" on Justia Law