STATE v. KOEHN

No. 21659.

637 N.W.2d 723 (2001)

2001 SD 144

STATE of South Dakota, Plaintiff and Appellee, v. Michael KOEHN, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned August 24, 2001.

Decided December 12, 2001.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, for plaintiff and appellee.

Michael Abourezk of Abourezk Law Firm, Rapid City, for defendant and appellant.


KONENKAMP, Justice (on reassignment).

¶ 1 Defendant admitted to law enforcement officers that he had recently smoked marijuana. He consented to a urinalysis, which confirmed his marijuana use. Later, as the target of a drug investigation, he admitted under immunity before a grand jury that he used marijuana for medicinal purposes. Forewarned with this information, the prosecutor obtained an order prohibiting defendant from asserting a medicinal use defense at...

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