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STATE v. SIIRILA

No. 42054.

193 N.W.2d 467 (1971)

STATE of Minnesota, Respondent, v. Robert SIIRILA, Appellant.

Supreme Court of Minnesota.

December 10, 1971.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy, Asst. Public Defender, Minneapolis, and Earl P. Gray, Asst. Public Defender, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, George M. Scott, County Atty., Henry W. McCarr, Jr., and David G. Roston, Asst. County Attys., Minneapolis, for respondent.

Jon Tuttle, Minneapolis, Amicus Curiae.

On rehearing, heard and decided en banc.

OPINION

KNUTSON, Chief Justice.

Defendant, after waiving jury trial in open court, was convicted of possession of a narcotic drug, Cannabis Sativa L., commonly known as marijuana, in violation of Minn.St.1969, §§ 618.01, 618.02, and 618.21, subd. 1.

Section 618.02 reads:

"Except as authorized by this chapter it shall be unlawful for any person to sell, prescribe, administer, dispense or

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