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Pot cookie case crumbles for Crown Posted Jan 7 2005 08:15 AM PST - CBC News
A Vancouver woman has been acquitted of selling ginger snaps laced with cannabis resin, the potent extract of the marijuana plant.
It's the second acquittal for Mary-Jane Dunstan, also known as Watermelon, who hosts a Pot TV internet show when she's not selling the cookies at places like Vancouver's Wreck Beach.
She was charged with possession for the purposes of trafficking in cannabis resin.
But grinding up and baking the cannabis with her cookies made the resin undetectable by police analysts.
"The judge found a reasonable doubt at the end of the Crown's case as to what is in the cookie," says Dunstan's lawyer, John Conroy.
"If the cookies or the brownies or whatever ? have been made in a batter so nobody can identify leaves, sticks or stems through a microscope, then the only way the Crown can get a conviction for possessing a prohibited thing would be if they charged her with possession or trafficking of cannabis [alone], without adding resin or marijuana," he says.
Trafficking in cannabis is a more serious drug offence that could lead to a jury trial and carries a maximum sentence of life in prison.
But Conroy doubts the authorities would choose that route over a few ginger snaps.
Dunstan says the second acquittal clears the way for her to continue selling her popular biscuits.
"My lawyer and I are saying, like if you can't prove it's there, how can you measure it? Right? So I guess they're going on another witch hunt I guess," says Dunstan.
The Crown isn't commenting, as it's appealing one of the acquittals.