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287 Minn. 406

State v. Morgan

Supreme Court of Minnesota

Decided June 26, 1970

Supreme Court of Minnesota · decided 1970-06-26

Cited by 2 later decisions — most recently July 2000

2 state decisions

Relies on State v. Resnick

Good law ✅— No negative treatment on recordhow we know

Decided 1970-06-26

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Sheran, Justice.

¶1In 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.

¶2The 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.

¶3The answer to the question certified is to be found in our de-*407cisión 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.

¶4The case is remanded to the district court for further proceedings.

¶5Remanded.

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