First Time Marijuana Possession Charge in Maryland

**travist** · 11-27-2009, 01:47 PM

My question involves criminal law for the state of: Maryland

So here's the story. About two weeks ago, I was riding home with my friend. It must have been about 3 in the morning. I had fallen asleep and woke up because we were being pulled over for a headlight that was out. The cop made us get out of the car so that he could search it. In this process, a little bag of weed fell out of my pocket and onto the seat. After the cop searched the car, he came back to us and asked us whose weed it was and, of course, both of us denied it. In my head I was panicking and didn't want to admit to it. In any case, the officer arrested me because it was found on my seat and charged me with possession and paraphernalia, because apparently the bag is paraphernalia, which is total BS in my opinion. It's like they came up with that so that they could screw you easier.

I went to jail and spent about 5 hours there before seeing the commissioner, who let me out and told me I had to go to some pretrial thing. So every Monday I have been going there. They piss tested me the first time and it came back positive for marijuana. They told me to call the court assessor, whatever that is, to be put on a waiting list so they can apparently decide whether I need drug classes or not, or so I was told. This is all confusing to me.

They're also making me go to two NA or AA meetings each week until my court date. I haven't smoked at all since I was arrested. I'm really nervous about these charges because my job could fire me if they find out and I can't afford that. I also can't afford to be put in drug classes because at the moment I'm saving my money for a car so I can get back in school, and I'm trying to work as much as possible between two jobs. And plus, I simply don't need drug classes. I'm not some sort of crazy drug addict in desperate need of therapy. I hardly ever even smoke weed. It's just a waste of my time and money. This is going to totally screw with everything.

I applied for and got a public defender, but I don't know how much help that is going to be. Will this pretrial stuff affect the judge's decision when I actually do go to court? What about the fact that the cop never actually found the stuff on me? I know it's a pretty weak argument. I have a completely clean record, not even a traffic violation. I am not a criminal, lol.

**LawResearcherMissy** · 11-28-2009, 06:17 AM

It's like they came up with that so that they could screw you easier.

You did that all by yourself when you decided to spark up and tote a bag of an illegal substance around in your pocket. Man up and take responsibility for yourself.

What about the fact that the cop never actually found the stuff on me? I know it's a pretty weak argument.

Weak argument? Sugar, have you any idea how many people are reading your post right this instant and laughing at you? The pot fell onto your seat AND you failed the drug test! You don't have any argument here.

You MAY find yourself with a lesser sentence if you do as the court instructs you to do - go to the drug classes and stop sparking up. Elsewise, you're facing a maximum penalty of $1000 fine and up to a year in jail.

Jail time is not the norm for first offenders, unless they decide that they are not subject to the will of the court and choose not to cooperate, at which point the judge will issue a sharp reminder in the form of jail time that he's the one in charge.

**travist** · 11-28-2009, 09:31 AM

I'm not saying I didn't do it to myself. Of course I did and I am well aware of that fact, but that's not the point. I'm just trying to figure out how to get out of trouble. Charging someone with paraphernalia for a bag is just a cheap way for them to slap more charges on. I mean, really, what else are you going to carry it in? I didn't have any pipes or papers on me.

I'll do what the court says, and I have been. I have no choice because the judge IS the one in charge in the end.

It just strikes me as nonsense. Aren't there real criminals out there? Where does this notion that marijuana is dangerous come from? It's actually probably less dangerous than drinking, but alcohol is bought and sold in mass quantities on a daily basis and it's perfectly legal. Alcohol kills people and destroys lives.

Just because I have smoked a little bud here and there does not make me, or anyone else for that matter, a drug addict or a criminal. I wasn't hurting anyone. I didn't steal anything. I pay my taxes.