My question involves criminal law for the state of: Washington
Charged with Possession of Marijuana and Paraphernalia
My son, age 16, and another student, “NOT” well known to my son, decided to skip school the last 15 minutes of the day. Both students went across the highway to the other student’s car. My son was crouched down outside the driver’s side door. My son merely lit a cigarette, and exhaled smoke from it when he was approached by the security personnel.
The security personnel stated in his report that “as he walked up on the two students, he noticed the distinct odor of marijuana in the air as (my son) was exhaling a bunch of smoke”, and “the other student attempted to hide a glass pipe he had in his hands”. (The pipe belonged to the other student and was pulled out to show off to my son because it was in the shape of the male gentile) No marijuana was found at the scene and marijuana was smoked. Both boys denied smoking marijuana.
My son was then suspended for 15 days for possession of marijuana and under the influence. He was then sent home on the bus. After a forty-four day battle with the high school administration the suspension was overturned by the school district superintendent.
My son is now charged in superior court with possession of marijuana (RCW 69.50.4014 and use of drug paraphernalia (RCW 69.50.412(1).
I believe these charges are in retaliation for questioning the high school administrations actions.
The police report, written seven days after the incident, misstates statements made by the security personnel to sound more convincing. For example, the police officer quotes the security personnel as saying “when he walked up to them one of the males, my son, exhaled a plume of smoke that smelled to be from burnt marijuana”.
Another concern is that my son was accused of being under the influence, but still he was placed on a school bus with other students. Makes me wonder if the administration really thought my son was under the influence? My son tested completely negative, No Detection, on his toxicology report, and has every week since the incident (I had him tested weekly to be sure).
My question is this. Does the State really have a case against my son? For what?