Adams raises one issue on appeal, which we restate as follows: Whether the trial court denied her due process because the Indiana Code does not define the term “mature stalks” in its definition of marijuana, and the provision is therefore vague and void.
In light of our interpretation of I.C. § 35-48-4-11, we cannot agree with Adams that the definition of marijuana is vague and the statute void as unconstitutional. As we stated above, we must examine a vagueness challenge in light of the facts and circumstances of each individual case, rather than hypothetical situations. Brown, 868 N.E.2d at 467. Here, the definition of mature stalks is irrelevant because the mature stalks of Adams’ marijuana constitute adulterated marijuana and will thus support her sentence enhancement. Accordingly, we conclude that the definition of mature stalks is not unconstitutionally vague in light of the facts and circumstances here, and the trial court did not abuse its discretion in denying Adams’ motion to dismiss.
NAJAM, J. and DARDEN, J. concur