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State v. Tate

505 A.2d 941 (1986)

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State v. Tate

New Jersey Supreme Court
505 A.2d 941 (1986)

  • Written by Rose VanHofwegen, JD

Facts

Before New Jersey legalized marijuana, Michael Tate (defendant) used it to relieve severe, completely disabling spasticity resulting from his quadriplegia. He was charged with possessing more than 25 grams of the drug and intended to raise a necessity defense. The prosecution (plaintiff) moved to strike his necessity defense as unavailable under New Jersey law. The trial judge refused, reasoning Tate could raise the defense because of his circumstances, and the appellate court affirmed with one judge dissenting. The prosecution appealed to the New Jersey Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Clifford, J.)

Dissent (Handler, J.)

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