Aycock v. State , 146 Ga. App. 489 ( 1978 )

Deen, Presiding Judge,

dissenting.

I respectfully dissent. Paper is extracted from or is a derivative from pulpwood. Bread toasted loses its identity and becomes toast. Hydrogen plus oxygen plus a tea bag equals tea. To ask the question, "Does the latter possess any quantity of oxygen,” is not a pertinent question, as the components have lost their identity and are now known exclusively as tea. The same applies to paper and toast.

Hash oil with all plant fibers removed shows no "gross morphological features” of the cannabis plant and is classified as THC. Hashish retains plant fibers and is therefore classified as marijuana. The latter retains some of the visible structure and form of the cannabis plant. The content of cannabinols in marijuana and Schedule I THC is immaterial. The line of demarcation between the two is the presence or absence of plant fibers. THC may be of botanical origin containing chlorophyll or industrially synthesized; either way, it is THC, not marijuana.

This question is one of technology and science best left to experts under the circumstances of each case. I would affirm.

I am authorized to state that Judge McMurray joins in this dissent.