Newsgroups: talk.politics.drugs,alt.hemp,alt.law-enforcement,misc.legal
Subject: Pot case could set precedent
From: [g--e--n] at [lark.cc.ukans.edu] (Red Green)
Date: 4 Feb 95 12:26:07 CST

Pot case could set precedent
By The Topeka Capitol-Journal
February 3, 1994

Two Douglas County residents who had been caught watering 172 marijuana 
plants near the Wakarusa River were convicted Thursday of federal 
misdemeanor charges and acquitted of more serious felony drug felony drug 
offenses.

Defendants Nancy Hadley and Michael Wyman will probably receive probation 
on misdemeanor conspiracy to possess and possession charges, said Pedro 
Irigonegaray defense attorney for Wyman.

They had been charged with possession with intent to distribute,
conspiracy to possess and possession of marijuana.  They could have
received more than 40 years in prison if they had been convicted of the
intent to sell charges. 

But Irigonegaray and Hadley's attorney, William Rork, told jurors in U.S. 
District Court in Topeka it is difficult to determine intent to sell.
"We told the jury that we stipulate to possession, and that is true." 
Irigonegaray said.  "But that under no circumstances would we agree with 
possession with intent to distribute."

Hadley and Wyman were arrested near the Wakarusa River in July with more 
than 840 pounds of marijuana, authorities said. (Reader note, this is the 
whole plant wet weight-Laura).

Topeka officers say they usually determine the intention to sell any drug 
by quantity and how the drug is packaged.

Irigonegaray and Rork called Ed Rosenthal, co-founder and editor of High 
Times (Note, Ed is NOT the editor), which is devoted to the legalization 
of marijuana.

"Ed Rosenthal, through my examination, indicated that the total bud wield
would have been just in excess of 9.6 pounds and that that was compatible
with personal use," Irigonegaray said. Other testimony, Irigonegaray said,
showed that the shelf life of marijuana is indefinite if it is frozen. 

"One of the things Judge (Richard) Rodgers said is that this case could 
possibly mark new law and that it could set standards for how these types 
of cases are going to be tried in the future," Irigonegaray said.

To prove intent, he added, the government should have to provide more 
concrete evidence than simply possessing a large amount of the drug.

Shawnee County District Attorney Joan Hamilton cautioned against assuming 
that any changes will be made, particularly on the county level, because 
of this case.

Hamilton said that in Kansas, possession of one pound of marijuana is 
usually considered adequate reason to charge with intent to sell.