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STATE v. PIRELLO

No. DA 11-0480.

282 P.3d 662 (2012)

2012 MT 155

STATE of Montana, Plaintiff and Appellee, v. Buddy Wade PIRELLO, Defendant and Appellant.

Supreme Court of Montana.

Decided July 20, 2012.

Attorney(s) appearing for the Case

For Appellant: Nancy G. Schwartz ; NG Schwartz Law, PLLC, Billings, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Mardell Ployhar , Assistant Attorney General, Helena, Montana. Marcia Boris, Mineral County Attorney, Superior, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Appellant Buddy Wade Pirello (Pirello) appeals from an order of the Fourth Judicial District Court, Mineral County, denying his motion to dismiss one felony charge of criminal possession of dangerous drugs. Pirello had argued that the pending charges should be dismissed on the grounds that the hashish oil that led to his charges was legally possessed pursuant to the Montana Marijuana Act (MMA...

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