A Livingston County judge ruled Monday that the marijuana police seized during an Operation HEMP raid cannot be admitted as evidence at trial.
Brian Wayne Pounds, 53, is charged with manufacturing marijuana after the illegal narcotic was discovered in August during an Operation HEMP (Help Eliminate Marijuana Planting) effort, which is the state’s eradication-and-suppression program for pot.
Pounds’ attorney, Lyle Dickson, believes the judge’s decision cripples the prosecution’s case.
“I believe it will be nearly impossible for them (to) go forward since they have no physical evidence,” Dickson said. “They have a marijuana-grow charge, but no marijuana. They have no tangible, physical evidence that’s admissible to show the elements of the offense.”
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