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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Marijuana Citation in Minnesota

    Long story short, I was driving and got stopped by cops. They found a bit of marijuana and paraphernalia, all of which was taken claim to by the passenger. No one was under the influence.

    After removing all illegal substances and object from my car, the police officer asked if anything else was in the car. I said no. He then asked if I would go far as to say that anything left in the car was mine. I said yes, and had a drug dog search the car. There was nothing else in the car.

    The passenger got his ticket on the spot for possession of marijuana and paraphernalia. The cops let me leave with no other occurrences.

    2 weeks later I got a letter saying I am being issued a citation for possession of drug paraphernalia.

    Now, the state law reads:

    Copyright 2006 by the Office of Revisor of Statutes, State of Minnesota.
    152.092 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.
    It is unlawful for any person knowingly or intentionally to use or to possess drug
    paraphernalia. Any violation of this section is a petty misdemeanor.
    History: 1982 c 557 s 2
    https://www.revisor.leg.state.mn.us/....092&year=2006

    Since I was aware of the paraphernalia in my car, can I still get charged with it, even if possession was claimed by someone else?

    Also, it should be noted that the cop who issued the citation spelled my last name wrong, spelled the city he works for wrong, got the color of my car wrong as well as started to write the letter N backwards on the initials of the state.

    I'd like to fight this if I can, but I need to know before I call them, because if not I need to reschedule my court date as I will be in Michigan for college by then.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Iffy Marijuana Citation in Minnesota

    Since I was aware of the paraphernalia in my car, can I still get charged with it, even if possession was claimed by someone else?
    Yes, you can be charged.

    Whether or not they can make it stick will likely depend upon when you became aware that he had pot in your vehicle.

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