Prosecutors have asked the Mississippi Supreme Court to determine whether Steven Finn's possession of 180 commercially manufactured tablets of pseudoephedrine violated state law.
The Supreme Court on Thursday agreed to review the case.
Last June, the state Court of Appeals threw out Finn's 2005 conviction in Lee County of illegal possession of pseudoephedrine, a main ingredient in methamphetamine.
Under state law, possession of 250 tablets or 15 grams of pseudoephedrine or ephedrine is unlawful if the accused knew the over-the-counter drugs could be used to manufacture an illegal drug.
Finn pleaded guilty and was sentenced to five years in prison with three years suspended ...
Finn argued to the Appeals Court his sentence was illegal because it is not unlawful to possess more than 15 grams of pseudoephedrine if the pseudoephedrine is solely in dosage form.
Prosecutors argued they have discretion to use either the dosage units or gram weight to bring charges.
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