South Dakota v. Ducheneaux
South Dakota Supreme Court
671 N.W.2d 841 (2003)
- Written by Salina Kennedy, JD
Facts
Matthew Ducheneaux (defendant) was arrested for marijuana possession. Ducheneaux, a quadriplegic, suffered from spastic paralysis, a condition that caused him to experience tremors and pain throughout his body. Ducheneaux’s doctors had prescribed him Valium and Marinol, a synthetic tetrahydrocannabinol (THC), to control his symptoms, but Ducheneaux believed that the prescription medications produced dangerous side effects. Ducheneaux chose to use marijuana, even though marijuana use was illegal in South Dakota, because he believed that the drug was more beneficial than prescription medications. The magistrate court ruled that Ducheneaux was entitled to use the necessity defense because he had chosen to use marijuana only after exhausting all of the legal options for controlling his symptoms. The State of South Dakota (the state) appealed, and the circuit court reversed. The South Dakota Supreme Court dismissed Ducheneaux’s appeal, and the case was remanded to magistrate court, where a jury tried and convicted Ducheneaux. Ducheneaux appealed his conviction to the circuit court, which denied his appeal. Ducheneaux then appealed to the South Dakota Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Sabers, J.)
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