Marcari, Russotto, Spencer & Balaban
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Marine Acquitted of Possession Charges

Marine Acquitted of Charges Alleging the Possession of Spice (Synthetic THC)

A Marine PFC stationed at Camp Lejeune was acquitted of charges alleging the possession and use of Spice — a synthetic THC. Spice is sold legally at some local tobacco and other area shops, but its possession is banned by the USMC. The Marine was awaiting transfer to an inpatient Traumatic Brain Injury (TBI) center when the Sergeant of the Guard who was patrolling the barracks area at 0100 allegedly smelled what he thought was marijuana. He knocked on the Marine's door and testified that along with an overpowering smell of “pot” he found him “wild eyed, unsteady on his feet and having a raspy voice.” The Marine was taken to the brig, where he remained until trial. During a three-day trial, Don Marcari, of Marcari, Russotto, Spencer & Balaban Law Firm, put on evidence from a Physical Assistant at the TBI clinic as well as a Neuropsychologist that the effects exhibited were from the TBI and not any alleged drug use.

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