People v. Anderson

Opinion

GOMES, J.

Defendant Jerry Trent Anderson was convicted of one count of cultivating marijuana. His contentions in this appeal are (1) the court failed to instruct the jury correctly on Anderson’s defense under the medical marijuana laws, and (2) evidence of the marijuana should have been excluded, and the information dismissed, because the police did not adhere to statutory evidence-preservation requirements when they destroyed all but some samples of the plants they seized from Anderson’s property.

We agree with the first argument and will reverse. The jury instructions failed to explain…