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STATE v. COOPER

No. 107,222.

301 P.3d 331 (2013)

STATE of Kansas, Appellant, v. Troy James COOPER, Appellee.

Court of Appeals of Kansas.

March 15, 2013.

Attorney(s) appearing for the Case

Natalie Chalmers , assistant solicitor general, and Stephen R. McAllister , solicitor general, of Office of the Kansas Attorney General, for appellant.

No appearance by appellee.

Before STANDRIDGE, P.J., ATCHESON, J., and DANIEL L. HEBERT, District Judge Retired, assigned.

ATCHESON, J.

The Kansas Attorney General has appealed a question reserved from the unsuccessful criminal prosecution of Defendant Troy James Cooper for possession of marijuana he lawfully obtained as a resident of Colorado for medicinal use. The Ellsworth County District Court acquitted Cooper based on the Privileges or Immunities Clause of the Fourteenth Amendment to the United States Constitution. The question reserved, not surprisingly, is essentially this: Does...

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