State v. Fukagawa

Dissenting Opinion of

ACOBA, J.

I believe that Defendant-Appellant Ivan Fukagawa (Defendant) met the threshold requirements for a de minimis dismissal in this drug possession case and that the denial of his motion to dismiss on the grounds announced by the circuit court of the second circuit (the court) was an abuse of discretion.1 I do not agree, as the majority contends, that a disqualifying “inquiry” for drug de minimis cases is whether the amount of a drug possessed is capable of producing any pharmacological or physiological effect. See majority opinion at 506, 60 P.3d at 907. That…