In what circumstances have the courts allowed a defendant to be convicted of manufacturing or possessing with intent to manufacture marijuana?

California, United States of America


The following excerpt is from People v. Tierce, 165 Cal.App.3d 256, 211 Cal.Rptr. 325 (Cal. App. 1985):

In State v. Hague (1975) 303 Minn. 100, 225 N.W.2d 852 the defendant was convicted of manufacturing, or possessing with the intent to manufacture, marijuana. During the factual discussion the court stated "[t]he marijuana had been processed to the extent that it had been picked, the leaves separated from the main stem of the plants, and dried. At this point all one would have to do to smoke the marijuana would be to shred it." (Id., 225 N.W.2d at pp. 853-854.)

In Levasseur v. State (1970) 3 Tenn.Cr.App. 513, 464 S.W.2d 315 a husband and wife were convicted of selling marijuana. The wife testified that she did not participate in the sale of the marijuana. On appeal the wife claimed that the court erred in allowing the Attorney General to

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