Weight of Marijuana and Criminal and Tax Law

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Weight of Marijuana and Criminal and Tax Law

Conclusive research has shown that wet (uncured) marijuana is not psychoactive. Before drying, decarboxylation of inactive THCA acid into THC has not yet occurred. During the curing (drying) process, the COOH bonded to the THC is released. The result is the psychoactive compound delta9 THC. The State of North Carolina’s laws do not distinguish between the uncured weight of marijuana from the cured (dry) weight, necessary for marijuana to be consumed or sold. No one purchases wet marijuana at a price comparable to suggested market value because approximately 80% of this weight consists of water, both in the plant tissue and chemically bonded by carbon to the THC molecule. No one smokes fresh, wet, uncured marijuana because it cannot produce a euphoric effect.

Decarboxylation must occur by drying prior to it’s combustion that occurs with smoking (this does not occur when attempting to smoke uncured marijuana), drying must also occur before eating marijuana, if it is to produce a euphoric effect.

. North Carolina’s G.S. 15A-903(a)(1) allows the State to retain only a small random sample of marijuana to be made available to prosecutors and notably the defendants for the discovery rights. This deprives the defense of having all the evidence available to them. The actual weight of marijuana is an essential element of the criminal statute. The marijuana’s weight is the primary factor in determining the NC unauthorized substance tax assessment.

‘Mature stalks’ are found on all mature marijuana plants. The percentage by weight of marijuana’s ‘mature stalks’ can vary widely by different cultivation methods and by genetic variation.

NC G.S. 90-87(16) clearly exempts ‘mature stalks’ from being considered toward the weight of ‘marijuana’ for criminal sentencing purposes. ‘Mature stalks’ are exempt because the State has recognized that they have neither intrinsic value as an intoxicant, nor any noteworthy market value. Marijuana’s ‘shade leaves’ are a waste product for marijuana farmers. These leaves are not smoked, and are not psychoactive.

Marijuana’s initial wet, uncured weight can be over 500% of the final, dried, consumable and marketable weight. Uncured marijuana cannot be bagged or jarred because without curing because it would mold, rot, and become valueless. The State’s weighing of water content in uncured marijuana has resulted in many citizens receiving far harsher imprisonment, taxes and fines. Marijuana trafficking in North Carolina carries a mandatory minimum 2-year sentence for anyone possessing 10 lbs.

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