COA rules on first impression possession of marijuana issue

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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.  



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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.