ILNews

COA rules on first impression possession of marijuana issue

Back to TopCommentsE-mailPrintBookmark and Share

A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.

In Samantha Adams v. State of Indiana, No. 49A05-1107-CR-372, Samantha Adams appealed the denial of her motion to dismiss Class D felonies dealing in marijuana and possession of marijuana. Both charges were enhanced from Class A misdemeanors due to the weight of the drug involved. Adams claimed that the dried weight of the drug should have been around 17 grams instead of 69 grams. More than 30 grams leads to enhanced charges.

Adams disagreed with how the plants were weighed. The forensic scientist with the Indianapolis/Marion County Forensics Services Agency cut off the “mature stalks” of the plants – which would be the roots and stalk up to the first branch of each plant – and weighed the remaining leaves, immature stalks and stems together.  

On interlocutory appeal, Adams argued her due process rights were violated because Indiana Code doesn’t clearly state which parts of the plant are excluded from the legal definition of marijuana. The statute doesn’t define what “mature stalks” are, but does say that those are not included in the definition of marijuana. Adams introduced evidence that the Indiana State Police Lab sometimes excludes the entire stalk in its calculations of weight, and if that was done in her case, the weight would have been less than 30 grams.

The appellate court relied on Lawhorn v. State, 452 N.E.2d 915, 917 (1983), in which the Supreme Court, in looking at the cocaine dealing statutes, held that adulterated and not just pure forms of the drug could be used to support an enhancement.

The Court of Appeals had previously applied this decision to marijuana dealing and held that the issue of identifying mature stalks is irrelevant because it’s clear that the sentence enhancement may be supported by an adulterated form of marijuana, which includes “other vegetable matter” not included within the definition of marijuana, wrote Judge Patricia Riley.

But the judges had not yet addressed Lawhorn’s application to the provisions regarding possession of marijuana. The General Assembly has amended Indiana Code 35-48-4-11 to include “pure or adulterated” marijuana when defining the Class A misdemeanor, but did not include “pure or adulterated” when discussing the enhancement.

The judges concluded that the marijuana referred to in the enhancement can only refer to the “pure or adulterated” drug mentioned in the preceding sentence in the statute. They found the statute to not be vague or unconstitutional and affirmed the denial of Adams’s motion to dismiss.  

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT