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Washington v. Cole6/15/1994
ement satisfied the criterion of corroborating medical evidence to support Cole's position, given that Bennett stated that Cole's use of marijuana was reasonable and that no other medication available legally was so effective.
Because the State challenged the sufficiency of Cole's evidence in support of the medical necessity defense, the trial court was required to interpret this evidence in a light most favorable to Cole. Instead, the trial court questioned the credibility of Cole's medical history provided to Dr. Bennett, as well as the credibility of both Dr. Bennett's and Robert Randall's affidavits. Although we note that nothing in this opinion is to be construed as precluding challenges to the qualifications of experts necessary for medical corroboration, we hold that the court erred in the way it analyzed the evidence and thus, usurped the jury's function of assessing the credibility of witnesses and weighing the evidence.
As noted in Diana, Cole's interest in preserving his health must be balanced against the State's interest in regulating the drug involved. It is for the trier of fact to determine by a preponderance of the evidence whether Cole's actions were justified by medical necessity. See Diana, 24 Wash. App. at 916.
Reversed and remanded for further proceedings in accordance with this opinion.
Houghton, J.
We Concur:
Seinfeld, A.C.J.
Alexander, J.
Disposition
Reversed and remanded for further proceedings in accordance with this opinion.
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