Sexstone v. State

OPINION

OGG, Chief Judge,

Division 1.

The issues presented in this appeal are whether the state satisfied the burden of proving that marijuana is a narcotic drug within the meaning of the forfeiture of vehicle statute, A.R.S. § 36-1041, and if so, whether that statute is unconstitutional as applied.

This appeal is from a civil proceeding in which it was determined that the appellant real party in interest, Richard J. Sexstone, had forfeited the ownership of his 1972 Ford van to the state pursuant to § 36-1041. That statute provides that the interest of the legal owner of a vehicle in which a…