Last updated on: 9/24/2019 | Author: ProCon.org

1991 – Court Ruling Highlights Application of Medical Necessity Defense

In Jenks v. State of Florida (1991), the Florida First District Court of Appeals rules on the application of a medical necessity defense in response to criminal prosecution. In the case of medical marijuana, the patient must be suffering from a medically recognized disease or illness, which is causing a symptom for which there is no effective treatment other than marijuana.