State v. Dickamore

Defendant appeals his jury conviction for possession of marijuana in excess of 40 grams. He raises the following issues: (1) Did the trial court err when it denied his motion to call experts at the State's expense 1 to prove that RCW 69.50.204(d) (10), 2 which lists marijuana as a controlled substance, is unconstitutional? (2) Was the police search of defendant's automobile illegal, thus rendering inadmissible evidence of marijuana found inside that automobile? and (3) Did the court err when it refused to instruct the jury on the "missing witness" presumption?

Shortly before 11 p.m. on April…