STATE v. ELLIS

D103150T; A150077.

316 P.3d 412 (2013)

260 Or. App. 174

STATE of Oregon, Plaintiff-Respondent, v. James Jonathan ELLIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 18, 2013.


Attorney(s) appearing for the Case

Leland R. Berger and Courtney N. Moran filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


PER CURIAM.

Defendant, an Oregon Medical Marijuana Act (OMMA) cardholder, was acquitted of driving under the influence of intoxicants (DUII) and sought the return of hashish that had been seized from him when he was arrested for DUII. The trial court entered an order denying defendant's motion to return his hashish, and defendant appeals the court's order. Defendant contends that hashish constitutes "usable marijuana" and, therefore, that it must be returned upon...

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