557 P.2d 1200 | Colo. | 1976
delivered the opinion of the Court.
The defendant was convicted on two counts for the sale of Cannabis Sativa L., a narcotic drug. C.R.S. 1963, 48-5-2, 48-5-20.
After the jury was sworn, the defendant raised the so-called “species defense.” We rejected that defense in People v. Holcomb, 187 Colo. 371, 532 P.2d 45 (1975). In this case, the prosecution sought to amend the information to counteract the species defense. The amendment added language which related to the sale of “cannabis, a narcotic drug, or a substance containing THC, a drug under the Federal Controlled Substances Act of 1970.”
Under our ruling in People v. Hocomb, supra, the particular botanic or geographical variant of the cannabis plant involved is irrelevant — all variants of the species cannabis being included within the meaning of the statute. Moreover, THC is a physiologically active chemical which occurs in all varieties of cannabis,
The defense also contends that a portion of the Colorado Drug Control Law
Accordingly, we affirm.
Now sections 12-22-302 and 12-22-322, C.R.S. 1973, amended Colo. Sess. Laws 1975, ch. 56, § 16 at 208 and ch. 115, § 9 at 437.
See 21 U.S.C. § 812 (1970).
This point is readily recognized by authorities in medicine and forensic science. See, e.g., Thornton and Nakamura, The Identification of Marijuana, 12 J. Forensic Science Society 461 (1972); Neumeyer and Shagoury, The Chemistry and Pharmacology of Marijuana, 16 J. Pharmaceutical Science 1433 (1971); Clarke and Robinson, When is Cannabis Resin?, 10 Med., Science and the Law 139 (1970); Accord, Kurzman and Fullerton, Winning Strategies for Defense of Marijuana Cases, 1 J. Crim. Defense 487, 510-11 (1975); Metzger, Notes on Marijuana Identification in Criminal Cases, 1 J. Crim. Defense 183, 186-87 (1975). See also United States v. Lewallen, 385 F. Supp. 1140 (W.D. Wis. 1974).
C.R.S. 1963, 48-5-1 (14)(a), amended Colo. Sess. Laws 1973, ch. 166, § 2 at 569, now section 12-22-301(16), C.R.S. 1973, amended Colo. Sess. Laws 1975, ch. 114, § I at 431 and ch. 115, § at 433.