Minnesota Supreme Court, 1970

State v. Morgan

State v. Morgan
Minnesota Supreme Court · Decided June 26, 1970 · Gallagher, Knutson, Peterson, Rogosheske, Sheran
287 Minn. 406; 178 N.W.2d 697; 1970 Minn. LEXIS 1137 (Minnesota Reports)

State v. Morgan

Opinion of the Court

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-*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.

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

Remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.