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STATE v. LARRY MORGAN AND OTHERS

Minnesota Supreme Court1970-06-26No. Nos. 42018, 42019, 42020, 42021
287 Minn. 406178 N.W.2d 697

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Opinion

majority opinion

Sheran, Justice.

In criminal proceedings in the district court the Honorable Daniel F. Foley certified a question of law involved in these cases as important and doubtful, requiring consideration of the problem by this court. Minn. St. 632.10.

The question posed is whether a person can be convicted of violating § 618.02 when found in possession of a quantity of marijuana so minimal in amount as to be unusable.

The answer to the question certified is to be found in our de- cisión of State v. Resnick, 287 Minn. 168, 177 N. W. (2d) 418, where we held that a conviction for violating § 618.02 based upon evidence of possession of a quantity of marijuana so minimal as to be unusable for any purpose having a narcotic effect could not be sustained. The case is remanded to the district court for further proceedings.

Remanded.