Nicholas S. Wemes v. State of Indiana

── Nicholas S. Wemes v. State of Indiana ── Court: Indiana Court of Appeals Date: June 03, 2026 Author: Nancy Vaidik Category: General FILED Jun 03 2026, 8:55 am CLERK Indiana Supreme Court Court of Appeals and Tax Court IN THE Court of Appeals of Indiana Nicholas S. Wemes, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff June 3, 2026 Court of Appeals Case No. 25A-CR-2491 Appeal from the Delaware Circuit Court The Honorable Thomas A. Cannon Jr., Judge Trial Court Cause No. 18C05-2401-F4-4 Opinion by Judge Scheele Judges Bailey and Vaidik concur. Court of Appeals of Indiana | Opinion 25A-CR-2491 | June 3, 2026 Page 1 of 12  Scheele, Judge. Case Summary [1] Nicholas S. Wemes was charged with Level 4 felony causing death when operating a vehicle with a schedule I or II controlled substance in the blood and Level 5 felony reckless homicide after toxicology testing of his blood returned positive for tetrahydrocannabinols (THC) and THC metabolites. Wemes filed a combined motion to suppress, motion in limine, and motion to dismiss, alleging the subsection under which he was charged with operating a vehicle with a schedule I or II controlled substance in his blood conflicts with other state statutes and federal law; the motions were denied. [2] In this interlocutory appeal, Wemes asserts the trial court erred and raises the following two restated issues: 1) whether Indiana Code section 9-30-5-5(a)(2) requires proof of impairment and proof that blood THC content was derived from illegal marijuana, not from hemp; and 2) whether federal law preempts Indiana Code section 9-30-5-5(a)(2). We affirm. Facts and Procedural History [3] On July 6, 2022, police and other emergency personnel responded to a traffic crash on Interstate 69 in Delaware County. Upon arrival, Indiana State Police (ISP) observed a break in the cable barrier between the north and southbound lanes, an overturned semi-truck in the southbound lanes, and a detached semi- trailer in the median. They located the driver of the semi-truck, Leslie Garrett, Court of Appeals of Indiana | Opinion 25A-CR-2491 | June 3, 2026 Page 2 of 12  in the truck’s cab. Garrett was transported to a hospital where he died from his injuries that evening. [4] A damaged Dodge Ram 3500 pulling a flatbed trailer was stopped on the shoulder of a northbound lane. ISP Master Trooper James Sparks made contact with Wemes, the driver of the Dodge Ram. After being advised of his Miranda rights, Wemes gave Trooper Sparks a voluntary statement about the crash. Wemes said he was traveling in the right northbound lane following Garrett’s semi-truck. Wemes began switching lanes to pass the semi-truck when Garrett tapped his brakes. The front of Wemes’ Dodge Ram struck the rear of Garrett’s trailer, causing the trailer to “fishtail” and roll over into the southbound lanes. App. Vol. II p. 59. Wemes offered that he was following Garrett “a little too close . . . and . .