Wax Is Not Marijuana
Defendant’s description of the contents of defendant’s automobile, and laboratory analysis, supported a finding that the substance was THC. The chain of custody supported entering the THC into evidence. The State charged defendant under the statute outlawing “possession of any controlled substance … or any synthetic cannabinoid” with an exception for thirty-five grams or less of marijuana. That exception did not apply to defendant because defendant possessed THC in wax form, not marijuana. The statutes treat those substances differently because they are different. Weight is not an element of THC possession. Whether the THC came from industrial hemp was not part of the State’s burden of pleading or proof.
State of Missouri vs. Cole G. Fox
Missouri Court of Appeals, Western District – WD84800