On 04/04/18, MNPD Officer Blake Lutz stopped Geral Mushi for running a stop sign at Blairfield & Ohara Drive. When Officer Blake Lutz approached the vehicle, which Gerald Mushi was driving, he stated he could smell the odor of marijuana coming from inside the vehicle. Mushi denied any marijuana being in the vehicle. Officer Lutz used his claim of ‘smelling’ marijuana to justify a search of the vehicle. Inside the vehicle, Officer Lutz did not find any marijuana plant, or lighters, or anything related to smoking marijuana, or any marijuana in plant form, or anything that would remotely smell like burnt marijuana.
So what DID he find?
A sealed Tupperware plastic container was in the rear passenger seat. Inside that sealed Tupperware plastic container was 8 individually sealed packages, each containing a single Sweet Stone Candy Cannabis Gummy Bear, each containing 100 mg of THC Oil, per the details on the package. MNPD Officer Blake Lutz supposedly ‘smelled’ this ‘marijuana’ from outside the car, upon approaching it, per his report.
How MNPD justified ‘Intent to Distribute’
Because of the way the marijuana was packaged (8 individually wrapped gummy bears), Gerald Mushi was charged with felony possession with intent to distribute. The officer justifies this in his report citing “individual packaging is indicative of drug sales” & “history of possession w/intent charges”. Apparently Officer Lutz has never bought a Gummy candy, because this is how they are sold to the consumer. Individually wrapped. It has nothing to do with intent to distribute.
How MNPD justified a felony amount
Officer Lutz charged Gerald Mushi with “Poss.w/Int-Cont.Sub.- Marijuana 14.175-4,535 gr”. This was not based on the weight of the actual THC – but rather on the ENTIRE weight of the gummy bears combined, which was 179.36 grams. By this logic, you could put 100 mg of THC in a single jelly bean and have a very minor misdemeanor, or the exact same amount in a over-sized 3lb brownie, and get life in prison.
In addition to the THC gummy bears, there was a Norinco 7.62 X39 Sporter Rifle wrapped in a sweatshirt located in the rear passenger floor board.
Gerald Mushi was booked on the felony drug and gun charges, and posted a $10,000 bond. He will appear in court on 04/20/2018.
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