Lay Testimony from a Former Marijuana Grower/Edibles Maker Admissible | Neil Rockind, P.C. Blog – Criminal Defense and Medical Marijuana Defense

One of the subjects that we confront at Neil Rockind, P.C. is how to prove that our clients possessed a reasonable quantity of marijuana in a medical marijuana case.  Too often, prosecutors, police officers and judges tally the gross weight of an object without consideration of the amount of useable extract the marijuana will produce.  The stems, seeds, branches, leaves, etc. may have a gross weight but that is not its “useable quantity”.  Just like the amount of “crude oil” or “natural gas” in a piece of shale rock is a tiny, tine percentage of the weight of the rock itself so too is the amount of useable THC in a marijuana leaf.  Accordingly, we are left with a problem . . . how to show that the pounds of leaves, etc. amount to only grams or ounces of useable THC.  The 11th Circuit Court of Appeals ruled in a way that may give us some guidance and hope.

In prosecution for a mortgage fraud conspiracy scheme, admitting testimony by “a former attorney who had engaged in fraudulent real estate closings,” as a lay witness on the part of the government underFRE 701; the witness’ “own personal knowledge of mortgage fraud, which he had acquired through his experience as a former real estate closing attorney who had engaged in fraudulent transactions of that nature” was an adequate foundation for admission under FRE 701 and his testimony did not need to be qualified as expert under FRE 702, in United States v. Graham, __ F.3d __ (11th Cir. June 14, 2011) (No. 08-24736).    The Graham case gives us guidance  . . . we don’t need an expert witness.  We just need someone who has the life experience and can speak from personal knowledge.

Neil Rockind, P.C. is home to Neil Rockind and Colin Daniels, trial lawyers who concentrate their practice in criminal defense and medical marijuana defense trial cases.  We fight and we fight to win.  We are always thinking of new and “outside the box” approaches to fighting and winning cases.  Give us a call at 248.208.3800 or visit to learn more.


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