By Sarah Pridgeon
A North Dakota man has been given a split sentence that includes both jail time and a $10,000 fine after being found guilty of transporting marijuana in several forms from Colorado.
A Wyoming Highway Patrol trooper stopped Gabriel Maxwell of Fargo, North Dakota at around 2:45 p.m. on July 23, 2016, for speeding at 84 mph in an 80 mph zone. The trooper noticed that Maxwell had bloodshot eyes and observed eye drops and rolling papers in the vehicle.
According to court reports, the trooper also observed eyelid tremors and asked Maxwell to open his mouth, where he observed “raised buds on his tongue”. Maxwell allegedly admitted he had recently used marijuana and claimed to have a “small bottle with a little marijuana in it” in the center console.
A search of the vehicle revealed a total of 29.7 grams of marijuana in plant form, 3 grams in liquid form and 82.5 grams of marijuana edibles. All items were allegedly packaged, indicating that they had been purchased from a dispensary in Colorado.
The plant form marijuana in plant form field tested positive for THC, according to Muller, and a cursory search of Maxwell’s criminal history showed at least two prior convictions for possession of a controlled substance.
Maxwell was charged with one count of possession of a controlled substance. He pled guilty and was sentenced to between three and five years’ jail time and a $10,000 fine.
All but 60 days of the jail time and $5000 of the fine was suspended pending successful completion of four years of supervised probation.