I just got a conveiction on Possession of Marijuana Under 2 Oz. No big deal right? But here's the kicker the amount of marijuana in her possession was .01 grams (including packaging)! The jury says it usable amount. Def lawyer says he may appeal on the issue.
What is the smallest amount you all have gotten convictions on? Should I be worried.
Seems to me that it is likely that your .01 grams was discovered in a state that suggests that there was more at some point. On appeal, I would argue that the jury should be entitled to infer from the evidence that the defendant was in possession of a usable amount "on or about" the time that the seizure occurred, and that he thereafter used it. (I'm assuming your pot was found in his pocket or somewhere else that would support this inference.)
I think the main deal is did you have a credible witness, either officer or chemist, who testified that in their opinion it was a useable amount?
And, did the defendant behave in such a way toward the contraband that would be consistent with this testimony, i.e. was it in a container (like he was saving it)or still in a cigar, etc? or was this just residue found in his pocket, vehicle, ashtray, etc.
A usable amount was once defined to me as just enough to take a hit, i.e., the bare-butt end of a roach, etc.
I ask this question with all fraternal respect and piety: Why, oh why did you take that case to trial? There is no way .01 grams is "usable." Was there no thought given to the cost of the trial vs the benefit to the community? I have no intention to offend but this is just the kind of thing that confirms a certain subset of society's worst opinions of us.
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