State v. Johnson, 2012 MT 101

Johnson was stopped by a Montana Highway Patrol trooper for drifting across the center line and was found with marijuana and a pipe after admitting to smoking earlier.
Johnson claimed a valid Montana Medical Marijuana Card and identified a stepfather as her caregiver; the stepfather said he did not provide the marijuana and had no grow operation running.
Johnson was charged with DUI, criminal possession of marijuana, possessing an intoxicating substance under 21, open container, and driving without insurance; drug paraphernalia charge was not pursued due to MMA card.
Johnson was convicted by a Park County Justice Court on all counts except DUI in de novo appeal to the Sixth Judicial District Court, which later acquitted on DUI and convicted on marijuana possession, open container, and insurance charges.
The district court held that Johnson possessed marijuana and that the MMA did not shield her from conviction because marijuana was not obtained from her registered caregiver, despite her card.
On appeal, Johnson challenged the motion to dismiss the marijuana possession charge and argued the MMA precluded prosecution under the circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial of the motion to dismiss was correct	Johnson contends MMA precluded prosecution for possession under §50-46-201(1).	State argues MMA requires cardholders to obtain from their caregiver; the court should harmonize MMA provisions.	District Court did not err; MMA is clear and unambiguous; Cardholders must obtain from their caregiver.
Whether there was sufficient evidence to convict	Johnson possessed marijuana under one ounce and MMA shield did not apply.	State showed marijuana possession; caregiver relationship lacked evidence of supply source.	There was sufficient evidence to convict Johnson of criminal possession of marijuana.

State v. LeMay, 363 Mont. 172 (Mont. 2011) (de novo review of denial of motion to dismiss)
State v. Roundstone, 261 P.3d 1009 (Mont. 2011) (de novo review standard cited)
State v. Knowles, 357 Mont. 272 (Mont. 2010) (sufficiency of evidence standard)
State v. Booth, 272 P.3d 89 (Mont. 2012) (sufficiency of evidence standard applied)
Azure v. State, 186 P.3d 1269 (Mont. 2008) (evidence sufficiency framework)
Brendal v. State, 213 P.3d 448 (Mont. 2009) (statutory interpretation harmonization)
Goebel v. State, 31 P.3d 335 (Mont. 2001) (statutory construction basics)
Zuazua v. Tibbles, 150 P.3d 361 (Mont. 2006) (coordination of act sections)
In re Marriage of Shirilla, 89 P.3d 1 (Mont. 2004) (statutory interpretation context)
State v. Merry, 191 P.3d 428 (Mont. 2008) (plain language interpretation)