Tennessee Criminal Lawyer Blog

When one thinks of the word “cute” certain images spring to mind, such as babies, puppies, teddy bears, and, of course, two-foot tall marijuana plants. At least that is the case if the one doing the thinking is fifty-five year old Jacqueline Moore of Holiday, Florida. Apparently, a neighbor gave her the plant a few months ago, describing it only as a “baby plant.” Thinking the baby plant “cute,” Moore kept the plant and cultivated it until it grew to a height of two feet at which point it became too big for the house, so she placed it out by the curb with the garbage to be hauled off. Unfortunately for Moore, the Pasco County Sherriff’s Office noticed the plant sitting on the curb, knew exactly what it was, and arrested Moore for cultivation of marijuana.

The first thing that jumps out about this situation is that with neighbors like that Ms. Moore probably doesn’t need any enemies. The second thing that jumps out is that there is a very real possibility that Moore had no idea what kind of plant she sat out by the curb. Her lack of knowledge does not seem to have helped her much in Florida but it would actually do her some good in Tennessee, because possession of marijuana must be “knowing” in order to be illegal under Tennessee law. While possession of marijuana naturally gives rise to the inference that a person knew what they were doing, that inference can be overcome in certain situations. For example, if someone sits a two-foot tall illegal drug out with the garbage to be hauled with the trash, it seems pretty obvious that the individual had no clue what they were disposing of. Moore’s lack of knowledge of the identity of the plant is called a mistake of fact and can be used in certain situations by skilled criminal defense attorneys to prove that the defendant did not have the requisite criminal intent to commit the offense with which they are charged. This may enable the defendant to plea down to a reduced charge or possibly avoid conviction altogether.

Source: http://www.big1059.com/cc-common/news/sections/newsarticle.html?feed=104673&article=7388506