Originally published at: Free stater Alec found not guilty in trial over possession of weed in town of Jaffrey: Cop can’t distinguish between legal CBD flower and cannabis | Free Keene
Police officer: Scott Merrell
Gang member Scott Merrell testifies against free stater Alec in trial involving possession of weed
Judge: Ryan
Charge: Non-criminal violation for possession of weed
On May 28th, 2023 at around 12:30AM free stater Alec was pulled over for speeding doing 51 mph in a 40 mph zone. After running Alec’s plate dispatch informed the officer that the vehicle was stolen. Officer Scott Merrell then proceeded to ask Alec to step out of the car based on a false belief the vehicle or registration were stolen.
During the trial the officer testified that “I saw what appeared to be a glass pipe in the operators lap with green vegetative flakes around him” and according to the officer when Alec stepped out of the vehicle the glass pipe fell to the ground.
After further investigation it turned out the vehicle was not stolen.
At trial the prosecutor questioned the officer asking various questions about the stop.
Prosecutor: “Smelled like marijuana, looked like marijuana?”
Officer Scott Merrell: Yes. I estimated the weight to be 0.2 grams.
When the prosecutor was done Alec proceeds to cross examine officer Scott Merrell:
Alec: Are you familiar with CBD flower?
Prosecutor objection: Relevance your honor.
Alec: The relevance is CBD flower is marijuana, but it’s legal.
Judge: I’ll allow him to answer the question if he knows.
Officer Scott Merrell: Vaguely.
Alec: So you don’t know what it is?
Officer Scott Merrell: It pertains to cannabis and its use as herbal medicine is my understanding.
Alec: And do you have any expertise in deciphering whether or not CBD uhh is not in fact a THC illegal cannabis flower?
Prosecutor objection: Calls for speculation.
Judge: If he knows he can answer.
Officer Scott Merrell: I suppose I’d refer to the lab or something.
Alec: Are you aware you can walk into various stores in the state of New Hampshire and purchase what is called CBD flower?
Officer Scott Merrell: From my understanding CBDs are legal in some context.
Alec: So you don’t have any ability to determine whether something is CBD what is illegal here THC above 23%?
Officer Scott Merrell: I guess I’d need a specific instance.
Alec: OK, if there were two pieces of cannabis sitting on a table and one were CBD which is illegal and one was was 23% THC and legal can you tell the difference , based on the odor?
Officer Scott Merrell: Maybe.
Judges verdict: Not guilty