Took Responsibility for 1.5 Grams of Marijuana That Was My Girlfriend's

[Worried12345]

My question involves education law in the State of: District of Columbia

About a week ago my girlfriend and I were found in a room with 1.5 grams of marijuana (we are both freshmen in this college). I wanted to protect her from charges, and because it was an all round stressful situation - I didn't know if it would cause us to break up or not, etc - I took responsibility for the drugs. We've had an opportunity to discuss this and she wants to take responsibility for the drugs that were in fact hers. How do we go about this? Does she just write a statement? What do we include in the statement? What kind of language do I need to include to withdraw my claim of responsibility? I also have a drug test taken today that shows no marijuana in my system.

The city police were not involved at all, it was all university police. No charges were taken either, i was just written up for a drug offense.


Sincerely want to thank you for any and all help.

[flyingron]

Responsibility or ownership is not a criteria for a charge of possession. The fact that you had constructive possession of the drug (you knew it was there and could get at it) is all that is necessary to convict you. The fact that the cops didn't charge you both because one of you fessed up was darned nice of them. If you recant your statement, you'd still be guilty and they'd likely think again about charging girlfriend.

I'd recommend a lawyer. This is a misdemeanor with a possibility (unlikely) of 6 months in jail. If this is your first offense, they can offer you a deferral. They will give you probation (up to a year) with various conditions (almost certainly no drug use and potentially drug testing to prove that) and you complete it, the charge will go away. If not, you will have a lifetime criminal record. You may be disqualified from financial aid and frankly the university may kick you out anyhow.

[Worried12345]

It was in my girlfriend's handbag, I did not know it was there. I was just written up against university drug violation, no federal charges were filled, and it was the university police.

[Mr. Knowitall]

You said you knew it was there when you confessed to possession. That's ample to support a conviction for possession.

[flyingron]

Who said SQUAT about federal charges. You'd be darned lucky if it was only dealt with by student conduct procedures. Don't know which school this was, but many will send the charges to the MPD and you'll face DC charges.

[Worried12345]

The report doesn't say possession actual or constructive, it just says I admitted responsibility.

[flyingron]

The report means little. The fact that they found drugs and you admitted it implies criminal possession. If charged, get a lawyer. Otherwise, keep your mouth shut and stop incriminating yourself.

[RickZ]

You should absolutely 100% contact a lawyer before you do anything. ANYBODY who is LEGALLY found to possess marijuana (I'm almost 100% sure) is liable to lose ALL financial aid. This includes the current semester and future semesters. This is a serious issue. The university police probably did not contact local authorities for this very reason. However, they do have to put the marijuana somewhere so they likely did turn it over to the police.

They may just be capable of charging you but waiting for more information from YOU. They are waiting for YOU to fess up and provide more concrete information before potentially bringing the case to the police.

The mere fact of possession by anyone is enough to dismiss a student. (Although most people don't believe it is a big deal at all.)

DEFINITELY SEEK A LAWYER!!! Colleges are **VERY** sneaky! This whole thing can be big or small. Only a lawyer can tell you.