Proof of unavailability of defense to prosecution.

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34-20G-52. Proof of unavailability of defense to prosecution.

An affirmative defense and motion to dismiss shall fail if the prosecution proves that:

(1)The person had a registry identification card revoked for misconduct; or

(2)The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.


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