Davis, who was sentenced April 28 to two years imprisonment in an earlier case involving marijuana possession, sold sterile hemp seed from a store in Westminster, MD called Liberation.
Sterile seed is widely and legally used in bird feed.
Don Wirtshafter, an Ohio attorney and proprietor of The Ohio Hempery, Inc., which supplied the seed to Davis, testified about seed germination. Following his testimony, the Carroll County Circuit Court ruled that prosecutors failed to prove the seed was viable. In fact, after performing a superficial and non-scientific test, the government's expert threw away the evidence. Davis' trials have been rallying points for marijuana activists after police raided her farm in May 1992, seizing less than one ounce of marijuana. Soon after her acquittal, Davis was released on appeal bond while her conviction is being reviewed.