What is the legal test for a marijuana plant?
Ontario, Canada
The following excerpt is from R. v. Machula, 2014 ONCJ 461 (CanLII):
[28] In a Drug Primer, 2013 the United States Sentencing Commission wrote, “A marijuana plant is defined as “an organism having leaves and a readily observable root formation.” See §2D1.1, comment. (n.2). See also United States v. Foree, 43 F.3d 1572, 1581 (11th Cir. 1995) (a cutting or seedling from a marijuana plant is not considered a plant until the cutting or seedling develops roots of its own).”
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