Proof of unavailability of defense to prosecution

An affirmative defense and motion to dismiss shall fail if the prosecution proves that: (1) The person had a registry identification card revoked for misconduct; or (2) The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.