Marijuana Law – Keyed to Mikos
Utah v. Horsley
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Police officers searched Defendant’s, Horsley’s, apartment, pursuant to a search warrant. The officers found multiple items, including a substantial amount of marijuana, scales, a cooker, and other paraphernalia. The cooker was turned on, cooking a plant material. A forensic chemist testified that marijuana was inside the cooker. Further, people cook marijuana to create a more concentrated form of the plant. However, the hallucinogenic material remains the same, and the result is still marijuana. Defendant, on appeals, alleges that the statute he was charged with only applies to the manufacture of controlled substances. However, by cooking the marijuana, he not manufacturing marijuana. Therefore, Defendant claims the charge should be dismissed.
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