State by State Medical Necessity Defense

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Information compiled by Cynthia Christiani

Below is a state-by-state look at the medical necessity defense. There are only a few states where the courts had specifically addressed the issue. There are cases in California, Florida, Hawaii, Idaho, Washington, and Washington, D.C., in which the defense was allowed. There are cases in Alabama, Georgia, Massachusetts, Minnesota, New Jersey and (again) Washington, in which the defense was not allowed. This information is further discussed in the appropriate state section below. In states where there are no cases on the issue, as much information is presented that might be helpful in determining whether or not the defense would be successful. This includes information on the defense of necessity, on whether or not there is a Therapeutic Research Program established, and on scheduling.