DCCA on Drug Paraphernalia, Proof Beyond Reasonable Doubt

I haven’t written a DCCA criminal case summary in a long time, partly because PDS came along and started writing them all up (and doing it better than I ever did). But I simply couldn’t resist writing about this one, as a lovely demonstration that legal standards like “proof beyond a reasonable doubt” and “sufficiency of evidence” have meaning, have teeth — at least sometimes. It also doesn’t hurt that this case involves an extensive discussion of something called a “Bob Marley grinder.”


The opinion of the court, written by Judge McLeese (the most recent appointee to the DCCA), reverses one man’s conviction of possessing drug paraphernalia. The alleged paraphernalia was the “Bob Marley grinder.” Which, apparently, is a metal tobacco/herb/spice grinder, with “a picture of Bob Marley on the front.” (Looks like they’re for sale on Amazon, just like everything else under the sun.) Which — of course — we can assume is being used to grind up marijuana, even though the defendant had no marijuana when he was arrested. I mean, come on! It has a picture of Bob Marley on it!

But that “of course” isn’t enough to meet the standard for a criminal conviction — proof beyond a reasonable doubt. And as the opinion notes:

drug use and drug trafficking are associated with a wide array of items, including spoons, needles, syringes, ziplock bags, microwave ovens, cigarette rolling papers, razor blades, pipes, foil, mirrors, straws, scissors, measuring cups, strainers, and scales.

Grinders, too, have lawful uses. Who’s to say beyond a reasonable doubt that the defendant wasn’t using the grinder for tobacco (or, less likely, cilantro)? The prosecution would have to do more — like show traces of marijuana inside this particular grinder.

The court compares this to a situation in which the prosecution insists — without other evidence — that a single silver spoon is being used for heroin. Of course, it’s not quite the same situation — but the difference between that situation and this case is only a “difference in degree.” That doesn’t warrant a different conclusion when analyzing whether the evidence is sufficient, beyond a reasonable doubt, that this grinder was possessed for drug-related purposes.

Overall, an excellent (and easy to read) opinion that illustrates what meaningful appellate review looks like. Kudos to Jamison Koehler for representing his client (with obvious excellence) in this appeal.

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