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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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