Pursuant to a warrant, police searched the motel room of Christopher Windus and found some 1.6 pounds of marijuana. In a subsequent interview, Windus told police he used marijuana for medical reasons. Windus showed police what appeared to be an expired medical marijuana card. The police concluded that in light of the amount found, Windus possessed it for sale.
Prior to jury trial, Windus asserted his right to present a defense under the Compassionate Use Act (CUA), because he was a qualified patient and a primary caregiver within CUA’s meaning. The People moved to exclude evidence of the defense.
