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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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