Question: If you find a brick of marijuana, what parts of the plant are accounted for in the final weight?
Quick Answer: Anything contained in the marijuana brick can be weighed if that was the way you received it.
State v. Flachbart, Eighth Appellate District, Cuyahoga County, Sept. 5, 2013.
Facts: Cleveland police found a large amount of marijuana after executing a search warrant on Randy Flachbart. Flachbart argued the police failed to precisely weigh the marijuana seized using the definition of “marihuana” in
Ohio Revised Code (ORC) 3719.01(O) because the measurement included the seeds and stems to arrive at 5,172 grams. The portion of the definition Flachbart relies on says marijuana does not include mature stalks or sterilized seeds incapable of germination.
Importance: The general rule is that drugs can be weighed as they are packaged when you receive them. In this case, the bricks had seeds and stems that were not broken down or removed when police found them. It was not necessary to pick out the stems or the seeds prior to taking the measurement. It is important to provide an accurate weight in order to correctly charge the offender.
Keep in Mind: The court explained that the intent of the definition is to exclude parts of the plant already separated from the portions that can be counted toward the weight. For example, if the stalk has been separated from the leaves, the stalk would be excluded. Alternatively, if the entire plant was found whole, only the mature stalk would be excluded. But, if only mature stalks or sterilized seeds were found, all would be excluded. The condition in which you find the marijuana will determine what can be weighed.
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State of Ohio v. Mitchell, Second Appellate District, Montgomery County, Aug. 30, 2013.
Public Records and the Law Enforcement Exception: You receive a public records request about a pending case. The person has asked for video recordings, audio records, and reports involving a specific traffic stop. While you turn some records over, the prosecutor writes to the other side saying some records will not be turned over because it is investigatory work product, but does not explain further. Has your agency just violated Ohio Public Records Law? Maybe. The Ohio Supreme Court in
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Ohio Sunshine Law Manual or visit
www.OhioAttorneyGeneral.gov.
State Ex Rel. Miller v. Ohio State Highway Patrol, et al. al., Ohio Supreme Court, Clermont County, Sept. 3, 2013.