Friday, December 18, 1992 - The Wichita Eagle - City & State - Section D

by Hurst Laviana

Marijuana laws will go on trial - Woman bound over on two felony charges

A Wichita woman who claims that the state’s drug tax-stamp law gives her the right to sell marijuana was ordered to stand trial on felony charges Thursday after undercover officers said she had admitted selling large quantities of the drug.

Police narcotics Lt. Tom Stolz testified that on the day of her arrest, Debby Moore told him that “one thing about selling pot is I was able to put a daughter through college.”

Stoltz said Moore, 45, also complained after her arrest on Nov. 16 that she had not been making as much money as her supplier.

“She said she only made $50 on every pound she sold, ” Stolz said..

Police said they seized about 14 pounds of marijuana while executing a search warrant at Moore’s home at 2742 E. Second and at her seamstress shop, which is located at the same building but uses the address 2740 E. Second. At least a dozen marijuana tax stamps were found inside, police said, but most had expired.

At the close of the hearing, District Judge Tom Malone ordered Moore to stand trial for possession of marijuana with intent to sell and selling marijuana without tax stamps. A trial date was tentatively set for Feb. 8, but a series of developing legal challenges probably will move the date back. See Marijuana, page 4D

Marijuana from page 1D Moore’s lawyer, Charles O’Hara began laying the foundation Thursday for a two-pronged challenge to the evidence gathered by police. Although the search warrant authorized police to search Moore’s home at 2742 E. Second, O’Hara said, officers had no legal right to enter the business, which had a separate address that was not listed on the warrant. Police said marijuana was found in both places.

O’Hara also is making a straight forward attack on the state’s marijuana law, which classifies the drug as a controlled substance that cannot be legally sold or possessed.

But a newer law says, “No dealer may possess any marijuana....unless the tax has been paid.’

O’Hara said he planned to argue in future that when Moore bought the stamps, she became legally empowered to possess and sell the drug.