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STATE v. TATE

194 N.J. Super. 622 (1984)

477 A.2d 462

THE STATE OF NEW JERSEY v. MICHAEL TATE, DEFENDANT.

Superior Court of New Jersey, Law Division Monmouth County.

Decided April 6, 1984.

Attorney(s) appearing for the Case

Anthony J. Mellaci, Jr., Assistant Prosecutor, for the State (John A. Kaye, Monmouth County Prosecutor, Michael J. Gross, Legal Assistant, on the brief.)

Robert I. Ansell, Esquire, for the defendant (Anschelewitz, Barr, Ansell and Bonello, attorneys.)

McGANN, J.S.C.

Michael Tate has been indicted for unlawful possession of marijuana on March 29, 1983, in violation of N.J.S.A. 24:21-20(a). The defense has given notice to the prosecution that at trial the fact of possession will be admitted but that proofs will be adduced on the alleged defense of "medical necessity" for the possession and use of the substance. The State moves for a pretrial resolution of its contention that as a matter of law, "medical necessity...

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