CHICAGO - An appeals court in Chicago has ordered that two people convicted of selling synthetic marijuana be resentenced after finding errors by their sentencing judge.
A three-judge panel of the 7th U.S. Circuit Court of Appeals found that, contrary to a lower court's finding, the defendants weren't necessarily aware of the dangers of the synthetic pot, which was misbranded as incense or potpourri.
Mohammad Khan was sentenced to 10 months in prison. Co-defendant Ruby Mohsin got two years. They pleaded guilty to conspiring to distribute misbranded drugs.
A teenager who bought the substance from Mohsin's suburban Chicago Cigar Box died hours later when his vehicle crashed into a house.
The appeals court said a sentencing judge should also reconsider whether the two had accepted responsibility.