CASE LAW UPDATE: Whether the State is required to test whether a substance is marijuana prior to a contested probable cause hearing?
Defendant was charged with possession of marijuana. Defendant brought a motion to dismiss for lack of probable cause because prior to the contested probable cause hearing, the State had not tested the substance to determine whether its THC level met the legal requirement to make it illegal. The trial court granted the motion and the case was dismissed. The State appealed. On appeal, the Minnesota Supreme Court held that the State is not required to obtain confirmatory testing that the plant material contains a THC concentration exceeding the legal limit, it there is other sufficient evidence to establish probable cause. Reversed and remanded.
State v. Dixon, A21-0205, Hennepin County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.