Utah v. Horsley
Utah Supreme Court
596 P.2d 661 (1979)
- Written by Patrick Speice, JD
Facts
Chris Horsley and his roommate (the hash producers) (defendants) were charged with manufacture of a controlled substance after police officers searched the hash producers’ apartment and found a large amount of marijuana, related paraphernalia, and a device for cooking plants that was turned on and contained marijuana. During a pretrial hearing, the state presented evidence that the device for cooking plants was used for processing marijuana into hash—a more concentrated and potent form of marijuana. The hash producers were convicted of manufacture of a controlled substance and appealed, arguing that processing marijuana into hash did not create a new controlled substance—the processing merely increased the potency of an existing controlled substance—so the process did not constitute manufacture of a controlled substance.
Rule of Law
Issue
Holding and Reasoning (Maughan, J.)
Dissent (Hall, J.)
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