I think the defense has been used. Couldn't find the story...maybe others remember this (?) but from my memory.... there was a guy maybe 2 years ago or so in Boulder or FC who was in a wheelchair and obviously in need who used the defense and had 2 pounds given back to him. I personally think this is when other folks took this to heart and jumped on the edibles variance wagon whether they ate it or not, using this guy as an example/etc. Problem is, most folks claiming such a need aren't in a chair/etc and would have a much harder time proving their case, IMO. Am I remembering this story correctly? (yes, it's the drugs)

And FWIW, I too am conservative in my approach to plant counts. One of my 3 patients has a 12/12 edible variance but because she works in a dispensary/etc. and I know her well i know she doesn't EAT her meds so i stick to the 3/3 rule even though i could take it a bit higher, so to speak, with more plants.