I have a defense attorney who had filed a pre-trial Writ of Habeas Corpus seeking relief from fundamentally defective indictment for failure to state an offense. She is basically saying that since the drugs Marinol and Syndros have been approved by the FDA, then possession of tetrahydocannabinol has been decriminalized in the same way Adderall was by 481.103 (d). Has anyone else seen this? Does anyone have any advice? Thanks in advance!

If the substance can be proved to be dronabinol, then maybe the defense can be proven. Otherwise, the best that can be said is that one of the multitude of THC substances listed in Pen Gr 2 can no longer result in a conviction under the CSA.

Hi there! What was the outcome on this? We are having a slew of these filed in Kendall.

My chemist was able to distinguish between Marinol and the THC contained in the chocolate rice krispy treat my defendant was caught with, which was derived from a plant. The judge found in my favor and the defendant pleaded guilty shortly thereafter.