Missouri v. Paul
Missouri Court of Appeals
436 S.W.3d 713 (2014)
- Written by Patrick Speice, JD
Facts
In November 2011, police confiscated an apparent burnt marijuana cigarette that officers observed in an ashtray when they entered Kimberly Paul’s (defendant) home with Paul’s consent. The cigarette contained synthetic marijuana. One of Paul’s friends had purchased the marijuana at a gas station and brought the marijuana to Paul’s home during a party. Paul allowed the marijuana to be burned like incense—no one smoked the cigarette—after inspecting the packaging. The packaging referred to the contents as hash, stated that the contents should not be consumed, and advised that the contents were lawful, even though the law prohibiting possession of a controlled substance was amended to encompass synthetic marijuana a few months earlier. Paul was tried and convicted of unlawful possession of a controlled substance. Paul appealed her conviction, arguing that the government (plaintiff) did not prove that Paul knew the substance was illegal because she believed that the substance was incense and was not aware of its unlawful nature.
Rule of Law
Issue
Holding and Reasoning (Hardwick, J.)
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