D.C. Marijuana Legalization Saves Man From Federal Intent To Distribute Case

D.C. Marijuana Legalization Saves Man From Federal Intent To Distribute Case

A federal appeals court recently overturned a case against a man who was convicted of marijuana possession with the intent to distribute in Washington, D.C., and it’s thanks to the voter-approved legalization law in the nation’s capital. The defendant, Darnell Kornegay, was pulled over by U.S. Park Police in 2017 and arrested after officers discovered less than two ounces of cannabis. He was convicted of possession with intent to distribute by the Superior Court of the District of Columbia, but later filed an appeal with the higher court. His legal team argued that, because D.C. voters legalized possession of up to two ounces for adults in 2014, there was no statutory violation under local code—and the District of Columbia Court of Appeals agreed, mandating that the lower court vacate the case. Judge Catharine Easterly’s majority opinion also disputed the notion that circumstantial evidence proved that Kornegay intended to sell the cannabis just because he had a scale, baggies and $769 in cash on him. “Based on our understanding of the plain language of [D.C. code], Mr. Kornegay did not commit the crime of possession with intent to distribute marijuana,” the ruling, issued last week, states. “Mr. Kornegay was old enough to legally possess a lawful amount of marijuana, the amount he possessed did not exceed the limit under the law, and he did nothing that could be construed as making the marijuana he possessed available for sale so as to render his conduct unlawful.” Therefore, the possession with intent to…

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Source : MJ moment
Link to original : D.C. Marijuana Legalization Saves Man From Federal Intent To Distribute Case
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