FARGO, N.D. — A Washington state couple who were caught with medical marijuana in a North Dakota motel room cannot use their prescriptions as a defense, the state Supreme Court said in a ruling released Thursday.
Brian Kuruc and his wife, Rebecca Larson, of Dickinson, were apprehended last year at a Casselton motel after officers responded to a complaint about a strong odor of marijuana coming from one of the rooms. Kuruc and Larson entered conditional guilty pleas to possession of marijuana and tampering with physical evidence.
Defense attorneys argued that evidence should be thrown out because Kuruc and Larson both had valid pot prescriptions from Washington and the amount of marijuana was under allowable limits.
The justices instead agreed with East Central District Judge Wickham Corwin, who said the prescriptions could not be used as a defense because North Dakota law considers marijuana to be a Schedule I controlled substance, which is determined to have no accepted medical use for treatment in the United States.