Prior to the passage of California's Proposition 215 in 1996, Florida had the best protection for patients in the country. Florida's medical necessity defense was established in Jenks v. State of Florida, 582 So.2d 676 1st FL DCA. This is the case that sets precedent, through common law, for a handful of patients and caregivers who meet the criteria and are granted the use of the defense by a judge. Familiarize yourself with the elements of a medical necessity defense. To pursue this strategy, the defense must be able to meet ALL three conditions:
  1. The defendant did not intentionally bring about the circumstances that caused him to break the law.
    In other words, he did not purposefully cause his medical condition.
  2. The defendant could not accomplish the same objective by alternative lawful means.
    In other words, he tried the legal therapies available for his medical condition and they did not work.
  3. The unlawful act was less serious an offense to legal decency than the wrong the defendant sought to avoid.
    In other words, he only did what he had to do to save sense or life.

Please review the following information in order to be proactive in setting up your defense:

Legal Support Network

The greatest harm associated with cannabis use is legal. Are you facing criminal charges for cannabis? Are you considering using cannabis in violation of the law to treat a debilitating illness or condition? If you or a loved-one finds yourself in trouble for using cannabis, or considering using cannabis, the Florida CAN Legal Support Network has the resources for you. 

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The Facts: Medical Necessity Defense

Order Marijuana Medical Effects & Legal Consequences for your doctor or attorney.

Florida CAN president Cathy Jordan and husband Bob Jordan have been recognized by the Florida courts as having a valid medical necessity defense. If you are a patient in need, you can learn the ins-and-outs of the defense here or order this booklet with additional information. Remember: Until the law can offer protection to patients, the worst harm a patient can face is legal harm. Order your booklet and begin working with your attorney and medical doctor. View Table of Contents

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