Commonwealth v. Harrelson

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals vacating the judgment of the Lee Circuit Court which affirmed a ruling by the Lee District Court finding that the definition of marijuana in KRS 218A.010(12) is unconstitutionally over-broad. The Court of Appeals remanded the case to the circuit court with directions to dismiss the appeal on the ground that it was taken from a nonfinal order.

The major issue is whether the decision of the Lee District Court which held that KRS 218A.010(12) was unconstitutional is correct. Other questions presented are whether the…