Panel: Daubert Does Not Change Rule On Lay Person’s Identification Of Marijuana

(May 31, 2016, 12:28 PM EDT) -- LAKELAND, Fla. — Because the standard in Daubert v. Merrell Dow Pharm., Inc. (509 U.S. 579 [1993]) regarding the admissibility of expert testimony does not change the long-established rule that lay persons can identify marijuana based on their personal experience and knowledge, a Florida appeals panel on May 25 affirmed a juvenile’s conviction for possession of marijuana (R.C. v. State of Florida, No. 2D15-1738, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 8107).

(Opinion available. Document #30-160610-020Z.)

The Second District Florida Court of Appeal ruled that...
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