State v. Thaxton

Defendant appeals from his convictions for possession of a controlled substance, ORS 475.992, and supplying contraband, ORS 162.185. He challenges only the conviction for supplying contraband. We reverse that conviction and remand for a new trial.

Defendant was a passenger in a car that was stopped for a traffic violation in Douglas County. When the officer approached the car, he immediately smelled an “overwhelming odor of burnt and green marijuana.” When the officer asked about the smell, the driver handed him a pill bottle that contained dried marijuana. According to defendant, the officer…