SEEDS AND STEMS: Overturn Columbia man's pot conviction

COLUMBIA, 1/24/10  (Beat Byte) -- Distinguishing between seeds, stems, and leaves, a Missouri appeals court last week threw out a Columbia man's 6-year prison sentence for possession of marijuana in excess of 35 grams. 

 

For the majority, Western District Court of Appeals justice and former Columbia attorney Mark Pfeiffer wrote that a jury in 2008 erred when it found Columbia resident David Carl McClain guilty of possessing 38.3 grams of marijuana -- a class C felony. 

 

The reason: "the State's expert witness admitted that the substance he weighed included stems and seeds," which aren't controlled under Missouri's anti-drug laws.  Also admitting that he didn't know the weight of the stems and seeds, the State's expert couldn't ascertain whether or not McClain possessed the felonious quantity -- over 35 grams.  If the seeds and stems weighed 4 grams, for instance, McClain would have been guilty of possessing 34.3 grams of marijuana -- a misdemeanor.

 

"...it is clear that, when the State's criminalist testified that the substance weighed 38.30 grams, he was including the weight of the controlled substance and the weight of some non-controlled substances," the 3-justice panel wrote.  "We, therefore, reverse the trial court's judgment convicting McClain of the class C felony of possession of more than 35 grams of marijuana and enter judgment against McClain on the class A misdemeanor of possession of marijuana."

 

Columbia police arrested McClain -- a chronic offender with a string of petty crimes -- in 2007 near Garth and the Business Loop.  And though he got off lightly on this latest scuffle,  McClain may never learn.  Paroled just six months after his September 2008 conviction, he was arrested in November for allegedly possessing 63 Ecstasy pills, another felony.   

 

RELATED:

http://www.leagle.com/unsecure/page.htm?shortname=inmoco20100119259 

http://www.columbiatribune.com/news/2009/nov/09/drug-arrest-made-along-interstate/