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Man's marijuana conviction reversed, pot wasn't "usable" says Ore. AG

A macro shot of isolated marijuana
Marijuana iStockphoto

(CBS/AP) ROGUE RIVER, Ore. - An Oregon man has had his marijuana convictions reversed over the issue of just when pot becomes "usable."

Josh Brewer served 60 days in jail and was put on three years of probation for exceeding Oregon's limit of possessing a pound-and-a-half of medical marijuana. On appeal, the Oregon Attorney General's Office conceded that the two-and-a-half pounds of pot that was found drying on coat hangers suspended from the ceiling shouldn't have counted against the limit.

A 2007 Oregon Court of Appeals ruling found that marijuana is not usable while it is still drying. "Without the hanging marijuana, there is no evidence that the defendant possessed more than the lawful amount of `useable marijuana,'" said the state brief on Brewer's appeal.

With reversal of the conviction, Brewer said he plans to sue the Medford police and the city for $15 million.

The 24-year-old has already started a new pot garden after the state attorney general's office backed down last week.

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