Cased Dismissed..great News..

[GregS]

The central issue of the case dismissal, from what I've heard, was this. When someone is charged with a crime and their freedom depends on a dried, usable weight of marijuana, you don't 'estimate' that which can be 'measured'. For example, you don't have a bag full of trimmings, root balls, dirt, stalks, wet flowers, oil, etc that weighs x pounds and say 'there must be more than 2.5 oz (or whatever the limit is) there, your honor'. You dry it, trim it and WEIGHT the actual dry, usable product and show there was more than 2.5 oz. THEN and only then, do the other issues more central to the act come in to play.

 

The implication here is that the prosecution must not only actually weight the dry, usable product, they have to prove what is dry, what is usable, how properly it was trimmed, etc. I don't think that was a fight the prosecutors were prepared to make, and Annie is not the 'criminal' they wanted to devote that kind of reasources to. Win for Annie. Win for patients. Win for justice.

 

Dr. Bob

 

To take it to the n'th degree, it can be ultimately considered that it is not until it is processed into a "mixture or preparation thereof" that it can sometimes be said to be in its fully intended usable form. Hash or oil made by extraction make it more convenient to store and use the stuff. The numbers get much easier to manage.

[Dr. Bob]

I have actually had dreams about sitting on the witness stand and sifting through a pile of hacked-down plants….”this is an incidental seed….this is another incidental seed….(toss them in the ‘don’t count’ pile)……this is a flower (goes into the ‘counts’ pile)…..here is a STALK (goes in the ‘stalks don’t count pile’); “here are a few stems….errr..I mean STALKS…STALKS go in the ‘don’t count pile.’”

 

When it comes down to brass tacks, the courts must be able to recognize a witness as a qualified “cannabis sorter,” or else it will be hard to prosecute people for limits violations.

 

“If you grew up with your hoes and your zappatos, you’d be celebratin' the minute, you was havin’ dough…”

 

Seemed a fitting environment to celebrate Dr. Bob’s 666^th post ( on Mal's site - but posted here for traffic/attention. Roll and Rock on Dr. Bob!!)

 

 

666,,,, the mark of the Bob....

[cristinew]

but if you have no evadance you make hash oil or use hash oil that will not fly, with your pile of roaches,

[Dr. Bob]

To take it to the n'th degree, it can be ultimately considered that it is not until it is processed into a "mixture or preparation thereof" that it can sometimes be said to be in its fully intended usable form. Hash or oil made by extraction make it more convenient to store and use the stuff. The numbers get much easier to manage.

 

While you completely missed the point Highlander was making, you are on the mark with this one... The question becomes what is 'usable' and what is 'not usable'. Also is it dry, properly trimmed, etc. so it becomes a matter of not only proving the weight, but WHAT to actually weigh. I really breaks down to how badly they want you and how much work they are willing to do to get you. This is a MAJOR roadblock in the way of prosecuting over weight cases.

 

Dr. Bob

[peanutbutter]

This is a MAJOR roadblock in the way of prosecuting over weight cases.

 

yep

[cristinew]

keep makin oil u never know exaxty what you will recover