¶1dissenting.
¶2I respectfully dissent and vote to uphold the appellant’s conviction. This case is clearly distinguishable from Ex parte Bohannon, 564 So.2d 854 (Ala.1988).
¶3We cannot assume that the 9.8 pounds of marijuana contained seeds and stems where the record contains no such testimony or evidence. This court could just as well assume that the marijuana introduced into evidence contained no seeds and stems.