People v. Newell

Can the roots, moisture, and immature stalks of the marijuana plant constitute “substance containing cannabis”?

Yes.

We affirm.

Newell was found guilty by a jury of the offenses of possession of more than 500 grams of cannabis and of production of cannabis. Judgment was entered only on the possession verdict and he was sentenced to 4 years in the Department of Corrections. On appeal, he contends that the State failed to prove that he was in possession of more than 500 grams of a substance containing cannabis.

The evidence at trial showed that a large number of plants were seized from a garden on…