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In practice, this doesn't work so well.Matthew Mark Young and Lynne Nesselroad, former clients of Christensen, were arrested on three felony counts of possession and trafficking charges (each), on November 4, 2014. According to a Pasco County Sheriff's Office arrest report, a deputy went to the couple's house for a "knock and talk" after smelling marijuana on two separate occasions.Young was angry. He told deputies he had the right to grow and use. He let them inside so he could show them paperwork that granted him "legal immunity." He gave them a letter, signed by Christensen, and a card with his picture on it. Both documents, the report said, suggested Young could use marijuana.Florida's medical necessity doctrine is built upon Florida's common law defense of necessity, as outlined in Fla. Stat. 2.01. The purpose of the Doctrine is to prevent innocent patients from having to be arrested and prove in a court of law that they are using cannabis for medical purposes. Therefore, if a patient can prove to a law enforcement officer that cannabis is the safest medication available to treat their diagnosed condition, they are NOT subject to arrest.
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