People v. Pohle

California Court of Appeal Sep 17, 1971 No. Crim. 4460Published

Before: Whelan

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Holding. The court held that the possession of marijuana does not require proof that the substance contains a specific, chemically quantitative amount of narcotic components, provided the quantity of the marijuana itself is usable.

Issues

Whether a conviction for possession of marijuana requires evidence that the substance contains a usable quantity of specific narcotic chemical components.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The requirement that a chemical compound such as heroin be shown to be present in a usable quantity cannot be transferred to require that marijuana in an amount usable for the making and smoking of a number of cigarettes be shown to possess chemical components in a quantity sufficient to produce the effect of a narcotic.”

“Evidence is necessary to establish the chemical or physical composition of the contraband as marijuana within the definitions of the code. Beyond that, there is no requirement that evidence be produced as to the quantity of a specific ingredient within the contraband.”

Opinion

WHELAN, Acting P. J.

Michael Harold Pohle (defendant) appeals from a judgment imposing a misdemeanor sentence for possession of marijuana of which he had been found guilty in a non-jury trial.

A motion to dismiss under Penal Code section 1118.1, made at the conclusion of the People’s case in chief, had been denied.

The ground of the motion was that the evidence did not show possession of marijuana in a usable quantity.

Defendant defines the question raised on appeal as follows: “Was there sufficient evidence from which it could be reasonably inferred that the substance identified as marijuana had a narcotic potential; that is, was there a usable (or sufficient) amount of narcotic in this substance to produce a narcotic effect?”

The marijuana possessed by defendant weighed approximately 20.4

[80]

grams, a usable quantity in the opinion of an expert, who said the average marijuana cigarette contains approximately .3 of a gram of marijuana.

Section 11530 of the Health and Safety Code declares that “Every person who possesses any marijuana, except as otherwise provided by law, shall be punished” in the manner defined.

Health and Safety Code section 11003 defines Cannabis sativa as follows: “ ‘Cannabis sativa,’ as used in this division, means the male or female of any species commonly known as cannabis sativa, hemp, Indian hemp, or marihuana."

Sectioh 11003.1 of the same code defines marijuana as follows: “ ‘Marijuana’/as used in this division means all parts of the plant Cannabis sativa L. (commonly known as marijuana), whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.”

The burden of defendant’s argument is that evidence sufficient to convict must show a usable amount of the chemical components of marijuana known as tetrahydrocannabinol and cannabidiol, which the testimony showed produce a narcotic effect. Those components as well as cannabidiolic acid and cannabinol are derived from the resin found in the stems, leaves, and seed pods of the plant. No resin is found in the seeds themselves. More of the resin is secreted by the female plant

People v. Pohle

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