A. Except as provided in
section 36-2802, a qualifying patient and a qualifying patients designated caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for a qualifying patients medical use, and this defense shall be presumed valid where the evidence shows that:
1. A physician states that, in the physicians professional opinion, after having completed a full assessment of the qualifying patients medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the qualifying patients debilitating medical condition or symptoms associated with the qualifying patients debilitating medical condition.
2. The qualifying patient and the qualifying patients designated caregiver, if any, were collectively in
possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the qualifying patients debilitating medical condition or symptoms associated with the qualifying patients debilitating medical condition.