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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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