Jacob Redmond
Well-Known Member
Wyoming law allows for the prosecution of felony marijuana possession only when the drug is in plant form, not when it's an edible, a Cheyenne judge ruled recently.
First District Court Judge Steven Sharpe dismissed last month the case of a man accused of possessing enough edible marijuana in his car to be charged with a felony, reasoning that existing law specifies that possessing only the plant form of marijuana can be a felony.
Sharpe's July 29 decision in Cheyenne was discussed Thursday in Gillette at a meeting of the Joint Judiciary Committee, which is studying how to change the law to consider edible forms of the drug.
Catherine Rogers is another judge in the First District, which encompasses Laramie County. She testified before the committee that she must consider Sharpe's decision when cases are brought into her court.
"I have concerns about these cases based on the rationale in my colleague's decision letter," she said. "But every case is always going to be weighed on the facts, and the testimony that is presented to the court in that case, and also in the way that is charged."
Judge's Letter
The Star-Tribune obtained a copy of the letter Sharpe sent to attorneys on both sides of the case.
On April 13, the Wyoming Highway Patrol stopped Christopher Piessens for an alleged traffic violation. The trooper smelled alleged marijuana and seized 1.9 pounds of alleged edible marijuana candies, cookies, bread and chocolate bars. State law states that more than 3 ounces of marijuana in plant form is a felony, the judge wrote in a summary of the case.
"Seeking to take a bite out of crime, the State charged Defendant with felony possession of marijuana... ," Sharpe wrote. "Believing the State's charging decision to be half-baked, Defendant argues that he did not possess more than 3 ounces of marijuana in a plant form."
Piessens' attorney wanted the Wyoming Supreme Court to review the case. Sharpe held a July 15 hearing to consider if two legal questions would go before the Supreme Court: whether edibles containing marijuana in a non-plant form can be a felony; and if so, should edibles be weighed by their entire packaging and ingredients, such as flour and sugar, or should the marijuana first be separated and weighed.
"After carefully considering the testimony presented to this court at the hearing, and considering the arguments and briefs of the parties, the court concludes that the State bit off more than it could chew in charging the Defendant with felony marijuana possession," Sharpe wrote.
Sharpe said after reading the law, he concluded prosecutors can only charge someone with felony marijuana possession when the accused possesses it in plant form and when the weight exceeds 3 ounces. But the alleged marijuana in Piessens' case was in cookie or candy form, Sharpe wrote.
While Sharpe used a creative writing style, he said people should not conclude it means he thinks the topic is insignificant. He acknowledged edibles can be dangerous.
Sharpe noted the Joint Judiciary Committee is studying the case of edibles.
"But the role of this court is to interpret existing statutes, not create new ones," he wrote.
Laramie County District Attorney Jeremiah Sandburg told the Star-Tribune on Friday he will not ask the Wyoming Attorney General to appeal the case to the Supreme Court, since he made an agreement with Piessens' attorney that they would both accept Sharpe's decision. He did, however, refile the case as a misdemeanor in circuit court.
"This decision wasn't entirely a surprise," he said.
Wyoming Supreme Court Justice Keith Kautz, who was recently appointed, issued a similar ruling as a judge in Torrington in the Eight District, Sandburg said.
State courts have decided differently on edibles. Until the Supreme Court rules or if the law changes, there will be varying opinions, he said.
Legislation
The Joint Judiciary Committee discussed a draft of a bill Thursday that would require police and prosecutors to weigh the entire edible, including chocolate and butter, and include those weights when determining the amount of marijuana in an edible.
Possession of 3 ounces of an edible would bump a charge from a misdemeanor to a felony, with a sentence of up to five years behind bars and a fine of up to $5,000, according to the draft bill.
The committee did not decide whether it would sponsor the bill in the 2016 session, nor did it make any changes to the bill. Discussion on the bill will continue in November, at its next meeting.
It's not easy to determine in an edible the amount of the tetrahydrocannabinol, or THC, the psychoactive component of marijuana, said John Jolley of the Wyoming State Crime Laboratory.
There is an instrument that costs over $250,000, which requires a yearly maintenance contract of at least $10,000, which can measure THC. It would require taking a sample of the edible, he said.
"There is not a (state crime) laboratory currently working on trying to quantify the amount of THC present in these products, be they infused liquids or edibles, candy bars. Just the analysis and detection of the presence of THC is a very intensive process," he said.
The potency of THC in marijuana has been increasing. Studies showed in the 1960s, the THC content in marijuana was 2 to 3 percent. Through plant breeding, THC in marijuana can now exceed 30 percent, Jolley said.
While some lawmakers believe weighing all ingredients of an edible is reasonable, others were concerned it is unfair.
Many drugs are cut with other substances, and prosecutors don't separate all the agents, said committee co-chairman Sen. Leland Christensen, R-Alta.*edit*
But Rep. Charles Pelkey, D-Laramie, is an attorney who represented a client charged with a felony for infusing olive oil with a sprig of weed. He didn't think the facts warranted a felony charge. Pelkey worries about the lives of young people being ruined over felony convictions.
"We don't want to see people prosecuted for sugar and flour and baking soda," he said. "In my community in particular, we live 24 miles from the border, in the state's only college town."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: As lawmakers debate how to criminalize edibles, Cheyenne judge tosses marijuana case
Author: Laura Hancock
Contact: Laura.Hancock@trib.com
Photo Credit: CBS
Website: Casper Star-Tribune - trib.com - Wyoming News
First District Court Judge Steven Sharpe dismissed last month the case of a man accused of possessing enough edible marijuana in his car to be charged with a felony, reasoning that existing law specifies that possessing only the plant form of marijuana can be a felony.
Sharpe's July 29 decision in Cheyenne was discussed Thursday in Gillette at a meeting of the Joint Judiciary Committee, which is studying how to change the law to consider edible forms of the drug.
Catherine Rogers is another judge in the First District, which encompasses Laramie County. She testified before the committee that she must consider Sharpe's decision when cases are brought into her court.
"I have concerns about these cases based on the rationale in my colleague's decision letter," she said. "But every case is always going to be weighed on the facts, and the testimony that is presented to the court in that case, and also in the way that is charged."
Judge's Letter
The Star-Tribune obtained a copy of the letter Sharpe sent to attorneys on both sides of the case.
On April 13, the Wyoming Highway Patrol stopped Christopher Piessens for an alleged traffic violation. The trooper smelled alleged marijuana and seized 1.9 pounds of alleged edible marijuana candies, cookies, bread and chocolate bars. State law states that more than 3 ounces of marijuana in plant form is a felony, the judge wrote in a summary of the case.
"Seeking to take a bite out of crime, the State charged Defendant with felony possession of marijuana... ," Sharpe wrote. "Believing the State's charging decision to be half-baked, Defendant argues that he did not possess more than 3 ounces of marijuana in a plant form."
Piessens' attorney wanted the Wyoming Supreme Court to review the case. Sharpe held a July 15 hearing to consider if two legal questions would go before the Supreme Court: whether edibles containing marijuana in a non-plant form can be a felony; and if so, should edibles be weighed by their entire packaging and ingredients, such as flour and sugar, or should the marijuana first be separated and weighed.
"After carefully considering the testimony presented to this court at the hearing, and considering the arguments and briefs of the parties, the court concludes that the State bit off more than it could chew in charging the Defendant with felony marijuana possession," Sharpe wrote.
Sharpe said after reading the law, he concluded prosecutors can only charge someone with felony marijuana possession when the accused possesses it in plant form and when the weight exceeds 3 ounces. But the alleged marijuana in Piessens' case was in cookie or candy form, Sharpe wrote.
While Sharpe used a creative writing style, he said people should not conclude it means he thinks the topic is insignificant. He acknowledged edibles can be dangerous.
Sharpe noted the Joint Judiciary Committee is studying the case of edibles.
"But the role of this court is to interpret existing statutes, not create new ones," he wrote.
Laramie County District Attorney Jeremiah Sandburg told the Star-Tribune on Friday he will not ask the Wyoming Attorney General to appeal the case to the Supreme Court, since he made an agreement with Piessens' attorney that they would both accept Sharpe's decision. He did, however, refile the case as a misdemeanor in circuit court.
"This decision wasn't entirely a surprise," he said.
Wyoming Supreme Court Justice Keith Kautz, who was recently appointed, issued a similar ruling as a judge in Torrington in the Eight District, Sandburg said.
State courts have decided differently on edibles. Until the Supreme Court rules or if the law changes, there will be varying opinions, he said.
Legislation
The Joint Judiciary Committee discussed a draft of a bill Thursday that would require police and prosecutors to weigh the entire edible, including chocolate and butter, and include those weights when determining the amount of marijuana in an edible.
Possession of 3 ounces of an edible would bump a charge from a misdemeanor to a felony, with a sentence of up to five years behind bars and a fine of up to $5,000, according to the draft bill.
The committee did not decide whether it would sponsor the bill in the 2016 session, nor did it make any changes to the bill. Discussion on the bill will continue in November, at its next meeting.
It's not easy to determine in an edible the amount of the tetrahydrocannabinol, or THC, the psychoactive component of marijuana, said John Jolley of the Wyoming State Crime Laboratory.
There is an instrument that costs over $250,000, which requires a yearly maintenance contract of at least $10,000, which can measure THC. It would require taking a sample of the edible, he said.
"There is not a (state crime) laboratory currently working on trying to quantify the amount of THC present in these products, be they infused liquids or edibles, candy bars. Just the analysis and detection of the presence of THC is a very intensive process," he said.
The potency of THC in marijuana has been increasing. Studies showed in the 1960s, the THC content in marijuana was 2 to 3 percent. Through plant breeding, THC in marijuana can now exceed 30 percent, Jolley said.
While some lawmakers believe weighing all ingredients of an edible is reasonable, others were concerned it is unfair.
Many drugs are cut with other substances, and prosecutors don't separate all the agents, said committee co-chairman Sen. Leland Christensen, R-Alta.*edit*
But Rep. Charles Pelkey, D-Laramie, is an attorney who represented a client charged with a felony for infusing olive oil with a sprig of weed. He didn't think the facts warranted a felony charge. Pelkey worries about the lives of young people being ruined over felony convictions.
"We don't want to see people prosecuted for sugar and flour and baking soda," he said. "In my community in particular, we live 24 miles from the border, in the state's only college town."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: As lawmakers debate how to criminalize edibles, Cheyenne judge tosses marijuana case
Author: Laura Hancock
Contact: Laura.Hancock@trib.com
Photo Credit: CBS
Website: Casper Star-Tribune - trib.com - Wyoming News
