Michigan Marijuana Possession

Ok so here's my story.

I live in Muskegon Michigan area code 49461 I just turned 18. I was attending a concert at the Muskegon summer celebration (Steve miller band :)). I went to the concert by myself and met up with several of my friends in the front area of the concert occupied by at least 750 other people. We had been jamming to the concert for about an hour and then we smelled the smoke. I turned around curiously and a guy shoved a joint into my hand and then suspiciously walked off. Everyone around me was like "hit it", I figured it wouldn’t do anything to me if I just hit it once (normally don’t mess around with any kinds of drugs and knew what I was doing was wrong but I just figured that this one 5 second thing wouldn’t hurt me), seconds after inhaling and then trying to get rid of it two large security guards somehow made there way into the back to back tight crowd and grabbed my arm, took the joint from my hand and then basically dragged away, while being dragged several girls said, "we're sorry" and all of my friends got to see me being hauled off like a criminal. On the way to the entrance of the venue I asked what was going to happen to me and they told me I was going to be kicked out of the concert but I would have to talk to the police first. By this time I was starting to freak out, I will be a freshman in college next year in hopes to obtain a pharmacy degree, which means I cant get in any trouble with the law or my acceptance into pharmacy college can be denied or my diploma not be granted. After getting to the back of the venue several cops and security guards were baffling to other people in trouble and then one officer spoke to the guards that brought me there. One of the security guards gave him the remaining joint and told him that he saw me hit it. The officer then asked me if I had any ID where then I gave him my ID. He then asked me if I had anything on me where I of course said no, he still searched me and found nothing. He then asked me several questions including, "have you been arrested on drug charges or ever arrested before", I answered "no" because I honestly haven’t, then he asked, "did you hit the joint" where I said truthfully, "yes", then he asked, "how many times did you hit it" where I answered "once", I told him several times that it was not mine, which it wasn’t, nor either of any of my friends, and he continually ignored me acting as if it didn’t say anything. I asked him if I was going to be charged with anything and he answered you will be charged with possession of marijuana, I again told him it wasn’t mine and he then said well you had it and you smoked it so its your fault, I told him that I understood that. He then told that I was lucky and that I wouldn’t be going to jail that night, after this he gave me his card, with name and phone number, telling me to contact him in just under a week. I was then ushered by security personnel off of the venue grounds without being given back my ID. I then made my way home where my parents obviously after hearing my story were disappointed but worried for my future in school and how it would affect me. What will happen to me? If I call this officer what should I say to him? I've heard of something called Conditional discharge and that it’s exercised in Michigan, is this true? What exactly is this? Am I eligible for this? Am I likely to have to undergo whatever it entails? What should I expect to happen after I contact the officer? Should I look into obtaining a lawyer? I'm not 100% sure what other questions to ask, could anyone please give me any other advice as to what I should do in this situation? And thank you thank you for anyone who reads and replies your help is GREATLY appreciated.

From what you described you can get a conditional discharge. But remember it is only possible, not a sure thing. Check out this site: http://www.norml.org/index.cfm?wtm_view=&Group_ID=4544

Not having it on your record all depends on how you do on probation. Aaron decribes it more in this thread: http://www.expertlaw.com/forums/showthread.php?t=5293

I advise you to get an attorney to support you.

You probably heard about MCL 333.7411, what is commonly called "seventy-four eleven" sentencing for a first time drug offender. You can check with a local criminal defense lawyer to be sure, but in many counties it's a common resolution for a first time marijuana possession charge for somebody with an otherwise clean record.

From what you say, you were released but the security guard (no police officer involved) told you to call in a week? And there has been no contact from the police since that time? If that's the case it sounds like you may be lucky, and the police and courts won't be involved.

He is describing police were involved after the security guards handed him to an officer:

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Quoting Brentb05

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The officer then asked me if I had any ID where then I gave him my ID. He then asked me if I had anything on me where I of course said no, he still searched me and found nothing. He then asked me several questions including, "have you been arrested on drug charges or ever arrested before", I answered "no" because I honestly haven’t, then he asked, "did you hit the joint" where I said truthfully, "yes", then he asked, "how many times did you hit it" where I answered "once", I told him several times that it was not mine, which it wasn’t, nor either of any of my friends, and he continually ignored me acting as if it didn’t say anything. I asked him if I was going to be charged with anything and he answered you will be charged with possession of marijuana,

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And the police officer has his ID still.

I can understand, it is pretty wordy. :)

Wordy isn't so much the problem; it's hard to parse a continuous block of text.

Yes, the security guards who grabbed me escorted me to an area where police officers were present and then who I spoke with. My ID was taken and the confiscated marijuana was bagged and then I was questioned, and released.

I contacted an uncle, who is a sheriff of the neighboring town, told him my story, who the officer was and he said he didnt know the officer very well bt that since the officer told me to, in his words, " call me in just under a week", he may be using this as a scare tactic to freak me out for the time being. He also said he might be wrong, but to kiss his you know what when I did eventually speak to him.

My next question is, do I call the officer before "just under a week"?

You say I am eligible for conditional discharge, how can I get this to take place and if I complete probation will the charges that the officer said I will be convicted of (possession of marijuana) be erased from my record so if I apply for pharmacy school my record will be free any of this?

Again any information you can provide for me to do is valuable and appreciated, thank you

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Quoting Brentb05

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My next question is, do I call the officer before "just under a week"?

You say I am eligible for conditional discharge, how can I get this to take place and if I complete probation will the charges that the officer said I will be convicted of (possession of marijuana) be erased from my record so if I apply for pharmacy school my record will be free any of this?

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I would advise you to contact the officer like he said. He probably did not make out reports because so many incidents were happening at the site. So he decided to take suspects IDs instead. If you do not call him he might forget about your incident and make it a worse charge. Or he might remember your incident and make it a worse charge due to the principal. If you do not call, it can get worse with a bench warrant. Your offense is so minor, you really have nothing to be scared of.

When you retain a private/court appointed attorney mention to him/her it is your first drug offense and you want to apply for "conditional discharge." The attorney will take care of it from there.

If you complete the year probation without getting into any trouble, the probation officer will automaticly erase the charge from your record.

Thanks for the info.

This all went down on Saturday july 8th, he said to call im like I said "in just under a week". Im really anxious to get this over with, when should I call him? What can I expect him to say?

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Quoting Brentb05

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Im really anxious to get this over with

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Well try right now.

Expect him to say anything, for example (Come pick up your card because I'm letting it go. Come to court in two weeks. Come and make out a report. Call up the detective who has your case. Where can we send your court papers to?)

I finnaly talked to the officer and he gave me my ID back. He said that he didnt have any drug tests at the station so he had to send the confiscated marijuana to the lab to get tested and that it could take up to 2 weeks.

He also said that he isn't going to charge me with possession but he is going to charge me with use of marijuana, and that it is a lesser charge. What does this mean? what can happen if your charged with use of marijuana? again any info is greatley appreciated, thanks