STATE v. HOLSTED

No. 112,846.

370 P.3d 1207 (2016)

STATE of Kansas, Appellee, v. Steven HOLSTED, Appellant.

Court of Appeals of Kansas.

April 8, 2016.


Attorney(s) appearing for the Case

Caroline M. Zuschek , of Kansas Appellate Defender Office, for appellant.

Ian D. Tomasic , assistant district attorney, Jerome A. Gorman , district attorney, and Derek Schmidt , attorney general, for appellee.

Before GARDNER, P.J., HILL and POWELL, JJ.


There is a difference between what might be and what is. In this appeal, we must decide whether marijuana clippings are plants as the term is used in Kansas' statute defining the crime of cultivation of marijuana. Because the clippings here had no roots, we hold the 29 cuttings found by the police were not plants and, therefore, the State...

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