State v. Givens

The superior court judge before whom the defendant was tried found him guilty of possession of marijuana. On appeal, he concedes that this court held in State v. Henker, 50 Wn.2d 809, 314 P.2d 645 (1957), that mere possession or control of marijuana is a crime under RCW 69.33.020 1 , but contends that the court erred in its construction of the statute.

He argues that such a construction is arbitrary because, under it, a person who was in possession of marijuana but was unaware of the fact would be punished. That argument was answered in State v. Morris, 70 Wn.2d 27, 422 P.2d 27 (1967), wherein…