Marijuana but No Evidence

My question involves criminal law for the state of: Missouri

While on a canoe trip, park rangers saw us smoking a bowl on the shore. They were hiding in the bushes with binoculars. They pulled us aside when we started out again and searched our personal canoe. They did not find any marijuana. They took my bag and pulled out the can we had smoked out of. They kept that. They gave us each a ticket for possession of up to 35 g of marijuana.

Three of us plead not guilty. One plead no contest because he didn't feel like dealing with it.

I'm a college student. I need to win this case, so I can finish school. My boyfriend thinks this case will be dropped because there was no marijuana. Just a can that was smoked out of once.

We did not admit to smoking marijuana.

They also called it a "bong".

They did not arrest us. I think this is because they are park rangers.

Can I win this case? If not, what can I do to keep this off my record?

We're talking a state park, and a state court prosecution? Or a national park, federal rangers, and a federal court prosecution?

The residue in that can? It's marijuana.

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the can you smoked out of

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just what does that mean? Was that the can where you kept your MJ? Did you leave ANYTHING in the can that could be identified as MJ?

or if it was some device used to hold the burning MJ, unless you scrubbed it out, there will be evidence of MJ remaining. Since you say they called it a bong, I would suspect it was what you used to hold the burning MJ.

Did you allow the search?

It was a state park.

It was a can used as a pipe. I'd be surprised if they could scrape anything off of it, though. We only used it once and only a very small amount that kept blowing off in the wind.

I kind of allowed it. He asked for the bag, and I wasn't going to argue. But I denied that there was anything in it.

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I kind of allowed it. He asked for the bag, and I wasn't going to argue.

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well, there goes any defense on improper search.

Not that I'm into helping people break the law but I am into civil rights a bit. When asked, say no. If they have probable cause to search, they are going to search anyway.


anyway, you would be surprised how little residue it takes to convict. Simply enough to prove you did have MJ in the object will generally do it.

it appears possession of less than 35 grams is a misdemeanor punishable by up to 1 year in jail and/or up to a $1000 fine.

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Can I win this case?

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can't say for certain but it isn't looking good.

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If not, what can I do to keep this off my record?

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what else is on your record?

They aren't threatening the maximum. Just a couple hundred dollars in fines.

A couple traffic tickets.

How much residue does it take to call it good for a possession charge? They didn't charge us with paraphernalia.

You were charged with possession < 35 grams, so they need to prove that you had an amount less than 35 grams.

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Quoting LadyKishi

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They did not arrest us. I think this is because they are park rangers.

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Technically you were arrested, just not taken in and booked. You were cited and released by Missouri State Park Rangers (but I'm sorta thinking it was probably Water Patrol Officers) who have the same powers of arrest as any law enforcement officer.

State park rangers and water patrol officers are sworn law enforcement officers in the state of Missouri being that they have to be P.O.S.T. certified (600+ hours of police academy) to hold the position.