Nebraska judge: No crime committed by man intending to buy Colorado pot
LINCOLN, Neb. A Nebraska judge has dismissed a charge against a Minnesota man who admitted his intention to buy marijuana in Colorado.
Judge Susan Strong said in a filing Monday that she had no jurisdiction because Erik Felsheim, of Waseca, Minnesota, committed no crime in Nebraska, according to court records.
In October 2014 Felsheim, 24, and another man were arrested after a traffic stop on Interstate 80, west of Lincoln. Felsheim told a sheriffs deputy that $65,000 found in their car was earmarked to buy pot in Colorado that he intended to sell in Minnesota, according to court records.
Felsheim was charged with possession of money intended for a drug violation and aiding the delivery of a controlled substance, the Lincoln Journal Star reports.
His passenger, James Atkinson, 23, pleaded no contest to charges of attempted possession of marijuana and money while violating drug laws. He finished his 360-day jail sentence last month.
But Felsheim chose to go to trail, where his attorney, Tim Sullivan, argued it is not a violation of Nebraska law to conspire to break the law of another state.
He pointed to a 1975 Nebraska Supreme Court case involving a man who was convicted of conspiracy to assault another man in Colorado after planning and paying a man in Nebraska to commit the act. The ...
