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Horticulturalists

Admissibility Rate: 1.000    (1/1)

United States v. Patterson, 292 F.3d 615 (9th Cir. 2002), amended, 381 F.3d 859 (2004).  Defendant is charged with manufacturing marijuana plants in felonious quantities.  Prosecution offers testimony from horticulturalist, Prof. Danny L. Barney, that plants seen on police video had established root systems and were therefore capable of independent survival.  Admissibility affirmed.  Expert never worked with marijuana plants before but testified that relevant characteristics are common to plants in general.  District court did not abuse discretion in concluding that expert's lack of specific experience with marijuana plants went to weight, not admissibility.

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