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STATE v. KAZECK

No. 21365-6-II.

953 P.2d 832 (1998)

STATE Of Washington, Respondent, v. Andrew Robert KAZECK, Appellant.

Court of Appeals of Washington, Division 2.

April 17, 1998.

Attorney(s) appearing for the Case

Lisa Elizabeth Tabbut, Kelso, for Respondent.

John A. Hays (Court Appointed), Longview, for Appellant.

BRIDGEWATER, Acting Chief Judge.

We are asked to decide whether marijuana must be dried before it is weighed. Andrew Kazeck was charged with unlawful possession of marijuana in excess of 40 grams. The marijuana was damp at the time of his arrest, having recently been cut from a growing marijuana plant. Because the weight of the damp marijuana exceeded 40 grams, Kazeck was charged with felony possession under RCW 69.50.401(d).1 By trial...

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