The State Attorney's office has decided not to prosecute Rodney Eugene Martin on marijuana possession and intent to distribute charges.
Holmes County's sheriff deputies found several bags of marijuana within a container outside Martin's barn when they responded to a neighbor's allegation that Martin had poisoned her dog.
But the State Attorney's office says the marijuana evidence can't be used because it was within a container and not in plain view.
Holmes County sheriff’s investigators say they may ask State Attorney Jim Appleman to reconsider once other evidence comes back from the FDLE crime lab.
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