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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default Marijuana and Paraphernalia Possession Charges

    My question involves criminal law for the state of: Pennsylvania

    I'm 19. The other day I got caught smoking with three 17 year olds guys and one 16 year old girl.

    My two friends and I (both 17, I'm 19) pulled up to this "spot." We just happened to see our other friend there (17) with a girl (16).

    We smoked lightly, moments later the police road up on us. We all admitted to smoking (it smelled in the air, even though we were outside) except for the girl, because she did not smoke.

    Prior to being searched, I gave the officer an EMPTY plastic baggy (although with THC "residue" in it), an EMPTY pill capsule (again, probably technically had "weed res" in it), and admitted that a homemade bong was mine (a "lung" or "parachute", simply a gatorade bottle with a plastic bag taped to it). I was then searched. Nothing else was found on me.

    We were all respectful, truthful, and compliant.

    The officer, who already had the aid of another officer, then requested the aid of yet another officer, who arrived shortly after, and then threatened us that "a dog is out" and that he wouldn't hesitate to call the officer with the dog. We assured the officer that we weren't hiding anything and the police dog did not come, although the officer claimed multiple times that he would call the canine unit.

    The officer said I could be faced with possession, possession of paraphernalia, and corruption of minors.

    SO...

    Can I get possession, even though I didn't have any weed other than the empty bags?

    Can I get possession of paraphernalia without possession of marijuana? Could I just claim that the bong is not mine, and that I misspoke, and claim "that was there before we got there."?

    Can I really get corruption of minors? Obviously I didn't corrupt them, they smoke regardless of if I'm there or not. Also, one of the boys turns 18 next month, another later this year, and the other guy just happened to be at the same place as us (he brought the girl). Along that last detail, that kid had his OWN car with the girl. We weren't together.


    I have been trying to stay positive as I think I have a firm argument. I believe that A) I am innocent of possession of marijuana, B) Can be seen innocent of paraphernalia, C) Can be seen innocent of corruption of minors. D) I am a 1st time offender, have never been arrested, no misdemeanors/felonies, and I am a Division1 student-athlete.

    What are your opinions/insights? Thank you !

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,100

    Default Re: (Pa, 19) Marijuana/Paraphernalia Possession - Very Subjective

    1. Yes.

    2. Yes. You admitted to having the bong.

    3. Yes. You were/are the adult - you are expected NOT to expose minors to crimes.

    And really - you ADMITTED to everything.

    I'm not sure why you think you have a firm argument/defense.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Marijuana and Paraphernalia Possession Charges

    I was never cuffed, never arrested, and ...

    1. nothing was found on me. How can I be charged with possession of marijuana if I didn't possess marijuana. You can't scale out ~0.001 grams of marijuana.

    2. The only confession I gave was roadside; I can't retract that? Is it impossible to argue that someone who turned 19 less than a month ago was simply nervous and misspoke on my bong "confession"? I've heard of people giving confessions and then simply saying "no, nevermind, I didn't mean that". Also, the bong wasn't in my possession when the police found me either, it was nearby.

    3. I don't really expect to get out of corruption of minors.

    but 1 & 2 is why I think I have a "firm" argument.

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