Pot Case Could Set Precedent In Kansas

        February 3, (1995) The Topeka Capital-Journal reported on the conviction of two Douglas County residents suspected of watering 172 marijuana plants.  The defendants Nancy Hadley and Michael Wyman were charged with multiple felonies [including intent to distribute, conspiracy, etc...] that could have yielded them more than 40 years in prison. Wyman's attorney, Pedro Irigonegaray, commented that the defendant was willing to admit to the possession charge, but not to the multiple charges for distribution.


NORML National Legal Committee (NLC) member William K. Rork, Hadley's attorney, asserted that the government erred in assigning the potential weight of the 172 plants at 840 pounds. Rork and Irigonegaray called upon High Times editor Ed Rosenthal, an expert on cannabis cultivation, to refute the government's assertion.


Rosenthal testified that 1.) the total bud yield from the 172 plants when mature would have been approximately 9.6 pounds and, 2.) the shelf life of marijuana is indefinite if frozen.  Therefore, the defendants were able to effectively claim that the marijuana they were alleged to possess was compatible with personal use.
The jury agreed.  Hadley and Wyman will likely receive probation on two misdemeanor charges according to Irigonegaray.
The Capital-Journal reports that one officer said this case sets a dangerous precedent [For law enforcement! -ed.].

        [For more information on this potentially precedent setting case in challenging the weight assigned to grown marijuana -- that at the very least has a substantial impact on sentencing -- contact NORML NLC member attorney William Rork at 913-233-7428 or cannabis cultivation expert Ed Rosenthal, 510-533-0605.]

BACK