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STATE v. LARRY MORGAN AND OTHERS.

Criminal law — possession of narcotic drug — sufficiency of evidence — minimal quantity of marijuana.

A conviction for violating Minn. St. 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 cannot be sustained.

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 decision 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.

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STATE v. MORGAN
(Jun 26, 1970)