A California “Medical Marijuana Patient Verification Card” Is Not a Defense to Possession of Marijuana in Minnesota

State v. Thiel, Minn.Ct.App., 5/27/2014.  Following a trial on stipulated facts, the trial court found Mr. Thiel guilty of fifth degree possession of a controlled substance.  Among other things, he argued that the trial court was wrong to exclude his defense that because he had a California medical marijuana patient verification card it was okay to drive around Minnesota with pot in his car.  Not just a little bit of marijuana but a lot; his California card permitted him to grow 99 marijuana plants, and to possess 19 pounds of processed marijuana.

The Full Faith and Credit Clause of the U.S. Constitution does not compel a state to substitute the statutes of another state of its own statutes if the state is competent to legislate whatever it is.  Franchise Tax Bd. of Cal. v. Hyatt, 538 U.S. 488 (2003).  Moreover, Minnesota long ago said that a defense of medical necessity was not available for someone charged with a controlled substance crime.  State v. Hanson, 468 N.W.2d 77 (Minn.Ct.App. 1991).  So, that California said it was okay for Mr. Thiel to possess marijuana for some medical condition was no defense to a Minnesota drug charge.