Though such a defense - which requires the defendant to establish that an otherwise illegal act was necessary to avoid imminent harm more serious than the harm prevented by the law he or she broke - has rarely been successful in Texas, the jury took just 11 minutes to acquit Tim Stevens, 53. The trial was hotly contested.Outstanding news! More from the Marijuana Policy Project and from AP. MORE: See coverage from an Amarillo TV station and the Amarillo Globe News. AND MORE: See a legal analysis from Defending People.
UPDATE: Robert Guest points me to this hilariously misguided thread on the topic at the prosecutors' user forum. Given that a) a judge allowed the medical necessity defense, and b) a jury acquitted on it, you've gotta like Williamson DA John Bradley's legal assessment that "The government has already decided, as a matter of law, that the drug is not available for such a purpose. No defense permitted." Further evidence that Mr. Bradley's legal advice and $2 will get you a cup of coffee at the Starbucks and little else.