cannabisnews.com: Court Says Smelling like Marijuana isn't Enough!





Court Says Smelling like Marijuana isn't Enough!
Posted by FoM on July 09, 1999 at 14:22:39 PT
Source: Alabama Live
MONTGOMERY, Ala. Smelling like marijuana is not enough evidence to convict a person of a drug violation, a divided state appeals court said Friday.
Police need to find some marijuana to get a conviction, the Court of Criminal Appeals said in a 3-2 decision. The court threw out Thomas Anthony Boyington's conviction for second-degree possession of marijuana in Baldwin County. Undercover police officers said they saw Boyington and another man appear to smoke marijuana outside a nightclub near Robertsdale on Sept. 7, 1996. When they approached Boyington, he appeared to rub something into little pieces. Police couldn't find any marijuana on the ground, but Boyington was convicted after police testified his fingers smelled like marijuana and the smell of marijuana was in the air. Writing for the majority, Judge Sue Bell Cobb said state law defines second-degree possession of marijuana as possession for personal use, but Boyington "was not in constructive possession of marijuana when he was apprehended." She wrote that "it is not a criminal offense to smell like marijuana and that there was a possibility that the odor of marijuana was the result of other bar patrons' smoking marijuana in the area before the officers arrived." In a dissenting opinion, Judge Pam Baschab wrote that there was sufficient circumstantial evidence, including the smell of marijuana and the absence of a cigarette butt on the ground, to establish that police saw Boyington smoking marijuana. Judge Ralph Long joined Mrs. Baschab in the dissent. Judges Bucky McMillan and Jimmy Fry supported Mrs. Cobb in the majority decision. Please send any questions orcomments to news al.com. 07/09/99 1:25 PM EasternCopyright 1999 Associated Press. All rights reserved.This material may not be published, broadcast,rewritten, or redistributed.
Home Comment Email Register Recent Comments Help




Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: