Washington v. Shepherd

41 P.3d 1235, 110 Wash. App. 544 (2002)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Washington v. Shepherd

Washington Court of Appeals
41 P.3d 1235, 110 Wash. App. 544 (2002)

Facts

Arthur Shepherd (defendant) served as the primary caregiver to John Wilson. Wilson suffered from a serious spinal condition and other afflictions. Wilson’s physician issued a letter authorizing Wilson to use marijuana to treat his conditions, finding that the benefits of Wilson using medical marijuana “may outweigh” any risks to Wilson. Based on the medical-marijuana authorization letter from Wilson’s physician and Wilson’s inability to grow marijuana because of the spinal condition, Shepherd began growing marijuana for Wilson to consume. The police learned about Shepherd’s marijuana plants and confiscated the plants. Shepherd sought to recover the seized marijuana plants, arguing that he was the primary caregiver to an individual authorized to use medical marijuana. Shepherd’s attempts to recover the seized marijuana plants were unsuccessful, and the police subsequently confiscated additional marijuana plants from Shepherd. Ultimately, Shepherd was charged with possession of marijuana and convicted after a bench trial. During the trial, Shepherd argued that he should be acquitted because the medical-marijuana defense outlined in Washington’s medical-marijuana law, which is available to both patients and patients’ primary caregivers, applied. The trial judge ruled that Shepherd could not avail himself of the defense because the defense requires proof that the physician who recommended that a patient use medical marijuana concluded that the benefits of using medical marijuana likely outweigh—not just might outweigh—the risks to the patient. Shepherd appealed.

Rule of Law

Issue

Holding and Reasoning (Sweeney, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership