State v. Wolpe

The issue presented in the instant case is whether the state has the burden of separating from a quantity of a substance alleged to be marihuana the material statutorily excluded from the definition of “marihuana.” R.C. 3719.01 sets forth the definition of “marihuana” as follows2:

“(Q) ‘Marijuana’ means all parts of any plant of the genus cannabis, whether growing or not, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the…