Washington v. Diana
In Washington v. Diana, Wn. App. 908, 604 P.2d 1312, 1317 (App.Ct. 1979), "the defendant, a victim of multiple sclerosis, testified as to his belief that marijuana was a 'primary sedative' for the 'frustrations' caused by multiple sclerosis.
While no argument was presented to the trial court concerning a medical necessity defense, the appellate court, in the 'interests of justice,' remanded the matter so that the issue could be fully determined.
The court was cognizant that a necessity defense is generally available only when the physical forces of nature cause the accused to take unlawful action to avoid harm which social policy deems greater than that which results from a violation of the law.
It determined nonetheless that the defendant should be afforded the opportunity to demonstrate the potential beneficial effects of marijuana on the symptoms of multiple sclerosis."