State v. Davis

I

In State v. Wolpe (1984), 11 Ohio St. 3d 50, 52, this court determined that the state has no burden to separate any portion of the marijuana plant when determining weight for purposes of statutory drug offenses. Wolpe is dispositive of the issue certified to this court for review. We must therefore reverse the determination of the court of appeals on this issue, since the state properly determined the weight of the marijuana in the possession of appellee.

*35II

The second issue presented is whether the affirmative defense of personal use, as set forth in R.C. 2925.03(F), may be asserted by a…