Based on Initiative 692 and the derivative statute, the court has recognized that Washington voters created a compassionate use defense against marijuana charges. An affirmative defense admits the defendant committed a criminal act but pleads an excuse for doing so. The defendant must prove an affirmative defense by a preponderance of the evidence. An affirmative defense does not negate any elements of the charged crime.


Criminal Law & Procedure > Criminal Offenses > Controlled Substances > Possession > Simple Possession > General Overview
Possession of marijuana, even in small amounts, is still a crime in the state of Washington. Wash. Rev. Code § 69.50.4014.


Criminal Law & Procedure > Defenses > Self-Defense
Like the compassionate use defense, self-defense is an affirmative defense.


THESE DEFENSES ARE ALL DIFFERENT WHEN APPLIED AND THE DEFINITIONS ARE USED FROM CASELAW.

APPLES, ORANGES, AND BANANAS...NO SEPARATION, BUT INCLUSION..THEY MUST HAVE INVESTED INTO MONTASANO.