Wash. court: Doc's pot OK doesn't preclude search

The Washington State Supreme Court says a doctor's permission to use medical marijuana doesn't preclude police from arresting a patient or searching his home.

In a decision today, the high court upheld the conviction of a Stevens County man busted in 2004. The justices said Washington's law only allows patients to present a medical marijuana defense at trial, and does not protect them from arrest or searches.

Justice Richard Sanders dissented on that point, arguing that Washington voters intended to protect qualifying patients from being denied "any right or privilege" for their use of marijuana when they passed Initiative 692.

Five justices also ruled that generally, judges must allow a jury to decide whether someone is a qualifying patient under the law. In this case, a Stevens County judge ruled on his own that defendant Jason Fry was not a qualifying patient.

Nevertheless, Fry's conviction was upheld because a defense lawyer conceded that his severe anxiety and depression are not conditions covered by the law.