State v. Preston

Pursuant to V.R.A.P. 5(a), the presiding judge of the District Court of Vermont, Unit No. 2, Addison Circuit, upon agreement of the parties, has reported the following question to this Court before entry of final judgment: “Is 41 milligrams of marijuana, concededly and by stipulation not a usable quantity, sufficient to sustain a conviction?”

The factual record presented with this question shows that the defendant, James M. Preston, was charged with knowingly and unlawfully being in possession of marijuana in an amount less than one-half ounce by an officer’s complaint filed in the district…