State v. Kincaid

Appellant was arrested in his home and charged with possession of marijuana as defined by I.C. § 37-2701(n) 1 and I.C. § 37-2705(d)(10), 2 in violation of I.C. § 37-2732(c)(2). 3 The arresting officers had entered the home with an arrest warrant for appellant’s roommate and discovered the marijuana. Appellant moved to dismiss the charge against him, challenging the constitutionality of I.C. § 37 — 2732(c)(2). The district court, relying on State v. O’Bryan, 96 Idaho 548, 531 P.2d 1193 (1975), determined that the possession of marijuana is not a fundamental right and that appellant thus had…