State v. Wanda J. Crumpton

Syllabus

In this case, we are asked to consider whether an expert witness may identify a substance as marijuana after admittedly using a testing protocol the South Carolina Law Enforcement Division (SLED) deemed unreliable several months before the defendant's trial. The circuit court admitted such testimony in Wanda Crumpton's trial, and she was convicted of possession of marijuana with intent to distribute and distribution of marijuana within close proximity of a school or park. Crumpton challenges her convictions, arguing the circuit court erred in (1) allowing the witness to identify the substance as marijuana (2) ignoring Rule 702's gatekeeping requirements and (3) admitting into evidence the expert's report. We reverse the convictions.