Aycock v. State

Smith, Judge.

This case presents one issue: Is the oily substance found in the appellant’s possession to be legally classified as Schedule I tetrahydrocannabinol (THC), or as marijuana? Chemically, it has characteristics of both; legally, it must be one or the other. The distinction is more than academic. If this small amount of fluid is classified as marijuana, the appellant is guilty of a misdemeanor; if THC, the appellant is guilty of a felony punishable by up to 15 years in prison. An analysis of the relevant statutory provisions together with the available scientific evidence leads to the…