Tulsa Criminal Defense Attorney | THC
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The defendant was convicted of unlawful distribution of marijuana. The court sentence had to seven years in prison and fined him $5000.
An informant arranged to buy around twenty pounds of marijuana from the defendant. The defendant was arrested upon delivery of the substance to the informer. The states expert witness testified concerning the identity of the substance. A forensic chemist employed by the Oklahoma State Bureau of investigation testified that she received the substance from the arresting officer and perform certain tests on random samples from each bag. The first test was a microscopic examination that consisted of viewing the samples under a microscope to look for microscopic characteristics of marijuana. This examination revealed that the samples had hair-like structures, some seeds and a warty construction on the leaf fragments. Each of those characteristics was consistent with marijuana. The second examination was a chemical test for the presence of tetrahydrocannabinol (THC).
The test was positive for THC consistent with marijuana because THC is present in that plant. The third test was a thin layer chromatography test which is used to detect the presence of THC. The test was positive for THC consistent with marijuana. In the opinion of the campus, the substance tested was marijuana that the technical name for the substance was cannabis city the. She further testified that the crime laboratory recognized only one species of cannabis, that be cannabis city that. She further testified that the tested not reflect the presence of THC sure it report negative for marijuana.
The defense called a professor of natural sciences. Explain the classification of plants used by botanists. The first part of the name is the genus or genetic name, and this case cannabis. The second name is the species name which in this case is suttee the. The binomial is specific and is tied in with the type of specimen filed away in one of the large botanical institutions. The expert explained that the motto to pick means one unit. If a genus is motto to pick than it has one species as opposed to polytechnic genus which has more than one species. The expert went on to explain that in his opinion, there are three species of cannabis: cannabis Sativa, cannabis indica, and cannabis ruderalis. Tulsa criminal defense attorney
In his opinion, if marijuana was defined as cannabis sativa, the definition would not include cannabis ruderalis or cannabis Indica. After examining the substance that had been introduced into evidence, expert stated that it was cannabis but he could not tell the species because the material was very dry and heavily fragmented. On cross-examination, he testified that it was the consensus of all botanists in the US had recently looked into the matter that cannabis was polytechnic. He admitted that it seemed there is only one species of marijuana and even experts are not able to tell where it is grown.
After studying cannabis, his opinion evolve and change. He further stated that THC is present in all dried cannabis, therefore making it impossible to distinguish chemically between one dried species in another. He also stated that THC was found in no other genus but cannabis.
The defense also called a botanists from the University of Oklahoma who testified that in his opinion cannabis was polytechnic. He also testified that he started doing independent study and research on cannabis about a year ago and that his opinion as to polytechnic cannabis stemmed from that research. He related that he was previously of the opinion that cannabis was monitored epic. He came to his own scientific conclusions the cannabis was polytechnic less than a year prior to his testimony. Up until that time, as far as he was concerned, the term cannabis sativa would’ve included all cannabis. He further testified that it was the general consensus of all the scientists and laypersons the cannabis sativa included all marijuana. Tulsa criminal defense attorney
Based on this testimony the court held as a matter of law that the state did not have the burden of proof to show be unoriginal doubt that marijuana was of the species suttee the L. Instead, it is sufficient that the state prove the unoriginal doubt that the substance has marijuana and contains the active ingredient known as tetrahydrocannabinol. Further, evidence as to the different species of the plant cannabis is not material to the issues of the case. Marijuana is marijuana under the law of Oklahoma regardless of what species and is, said Tulsa criminal defense attorney Stephen Cale.
The defendant then called an expert as his first witness. The state objected and the objection was sustained by the trial court. The defendant then made an offer of proof that if the expert were called as a witness, his testimony would be exactly as a hint testified during an in camera hearing. The state objected to the offer of proof in the objection was sustained for the trial court’s reason set out above.
The defendant argued that the state failed to prove that the substance in question was the species of cannabis known as cannabis suttee the L. Therefore, the defendant argued that failing to prove the material element of the crime charged that the trial court erred in excluding the testimony of his experts. Marijuana is defined by statute as all parts of the plant cannabis suttee the hell, whether growing or not, the seeds, the resin from any part of the plant, and every compound, derivative or mixture of the plant. However it does not include the mature stocks of the plant. Tulsa criminal defense attorney
The state argued that the plant is motto to pick fissile species be known as cannabis and sativa L. Therefore, all environmental varieties, varieties known by their geographic origin, varieties with a single species legally known as cannabis sativa L. The defense on the other hand argued that the genus cannabis has three distinct genetic species, only one of its is cannabis suttee the L, which is a botanical name of a very specific scientific meaning. In support of his argument the defendant cites prior Oklahoma statutory definitions of marijuana which were enforced prior to the adoption of the uniform controlled dangerous substances act in 1971. Tulsa criminal defense attorney
In a federal court case, the court held that cannabis Indica is included within the federal statutory definition of marijuana, said Tulsa criminal defense attorney Stephen Cale. The court held that although there was some growing botanical opinion concerning cannabis, was no question that the lawmakers, the general public, and the overwhelming scientific opinion considered that there was only one species of marijuana. The court further held that whether this is scientifically exact or not, federal statute provided it the time of the offense a sufficient description of what was intended to be prohibited.