Burns v. State, 2011 Wyo. LEXIS 6

Burns was stopped for speeding in Wyoming; marijuana (about 666 grams) was found in his vehicle.
Burns claimed the marijuana was for medical use under Colorado law and possessed via a Colorado medical marijuana registry card.
The district court granted the State’s in limine motion to exclude Burns’ Colorado-based defenses and evidence.
Under a plea agreement, Burns entered a conditional guilty plea to felony possession while reserving the in limine ruling for appellate review.
Wyoming § 35-7-1031(c) makes possession unlawful unless obtained from a valid prescription or order; Burns argued the Colorado registry card and physician certification met this defense, which the district court rejected.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a valid Colorado medical marijuana order/card defense exists under § 35-7-1031(c).	Burns contends Colorado card/physician certification qualifies as a prescription/order defense.	State contends the Colorado card does not meet Wyoming’s prescription/order language and is irrelevant.	Colorado card does not create a Wyoming defense; statute not satisfied.

Neidlinger v. State, 2010 WY 54 (Wyo. 2010) (briefing deficiencies not always fatal to appeal)
Gabbert v. State, 2006 WY 108 (Wyo. 2006) (limits on appellate review of evidentiary rulings)
Granzer v. State, 2008 WY 118 (Wyo. 2008) (abrogated on other grounds)
Reichert v. Phipps, 2004 WY 7 (Wyo. 2004) (purpose of motion in limine)
Capshaw v. WERCS, 2001 WY 68 (Wyo. 2001) (evidentiary ruling standard of review)
Armstrong v. Hrabal, 2004 WY 39 (Wyo. 2004) (deference to evidentiary rulings)
Dougherty v. State, 2010 WY 116 (Wyo. 2010) (de novo review of statutory interpretation)
Crain v. State, 2009 WY 128 (Wyo. 2009) (statutory interpretation and reviewing standard)
Johnson v. City of Laramie, 2008 WY 73 (Wyo. 2008) (concerns about appeal resolution under conditional plea)