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  1. #1
    lj88 is offline Junior Member
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    Drug Abuse Charge

    What is the name of your state (only U.S. law)? Ohio

    I was recently camping in a state park and two friends and I went for a walk and passed the bowl a few times. We stopped and sat on some benches and were talking when we were approached by two park rangers. They asked who had the marijuana and my friend pulled out the bowl piece. They confiscated it and wrote all three of us tickets for drug abuse which is a minor misdemeanor. My problem is I was not in possession of the drugs or the paraphenalia and I still recieved a ticket.

    Any advice on how to fight this charge? Two hits off a bowl are not worth $185 and a misdemeanor on my spotless record.
  2. #2
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by lj88 View Post
    What is the name of your state (only U.S. law)? Ohio

    I was recently camping in a state park and two friends and I went for a walk and passed the bowl a few times. We stopped and sat on some benches and were talking when we were approached by two park rangers. They asked who had the marijuana and my friend pulled out the bowl piece. They confiscated it and wrote all three of us tickets for drug abuse which is a minor misdemeanor. My problem is I was not in possession of the drugs or the paraphenalia and I still recieved a ticket.

    Any advice on how to fight this charge? Two hits off a bowl are not worth $185 and a misdemeanor on my spotless record.
    Something you should have considered before smoking pot in public.

    your best bet would be on a lawyer.
  3. #3
    xylene is offline Senior Member
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    Quote Originally Posted by lj88 View Post
    My problem is I was not in possession of the drugs or the paraphenalia and I still recieved a ticket. .
    So.

    The officers observations (ie seeing you toke) are evidence.

    Get a lawyer.
  4. #4
    CdwJava is offline Senior Member
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    You had been passing the pipe between you. You had been in constructive possession of marijuana.

    I suppose you can always try to argue that you never knew he had the marijuana ... though the officers will likely testify that you smelled of marijuana and exhibited the objective symptoms of the effects of marijuana.

    If you cannot afford to pay the price of your offense, do not do the crime.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    lj88 is offline Junior Member
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    A momentary lapse in judgement on my part, since I stopped smoking about a year ago, and I have never been a heavy smoker. The cops didn't see me smoking though. I hadn't taken a hit for about ten minutes before they walked up.
  6. #6
    xylene is offline Senior Member
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    Quote Originally Posted by lj88 View Post
    I hadn't taken a hit for about ten minutes before they walked up.
    Binoculars?
  7. #7
    CdwJava is offline Senior Member
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    Trust me, marijuana has a distinctive and pungent odor, and the effects are pretty obvious. I strongly suspect that the officers will be able to articulate the fact that you had recently smoked it ... and, perhaps, if you or your friends admitted to knowledge or sharing the pipe, ten that works, too.

    Bottom line: Consult an attorney and take your stand in court if that is the angle you wish to pursue.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    Cali408nia is offline Member
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    You know you got busted fair and square it's just difficult to admit it. They asked where the weed was because they smelled it and/or saw you at some point smoking it.

    You had possession of it when you had the bowl in your hand and smoked it. Plus, I don't even know what you were actually cited with, it might not have been possession. I'm not sure what the definition of "drug abuse" is but it sounds like it might have more to do with being under the influence of an illegal drug than being in possession of it.

    If it's not worth it then you should consider not smoking in public places where you can get caught. Because it doesn't really matter if the amount is tiny tiny tiny, it's still illegal.
  9. #9
    dave33 is offline Senior Member
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    Quote Originally Posted by lj88 View Post
    What is the name of your state (only U.S. law)? Ohio

    I was recently camping in a state park and two friends and I went for a walk and passed the bowl a few times. We stopped and sat on some benches and were talking when we were approached by two park rangers. They asked who had the marijuana and my friend pulled out the bowl piece. They confiscated it and wrote all three of us tickets for drug abuse which is a minor misdemeanor. My problem is I was not in possession of the drugs or the paraphenalia and I still recieved a ticket.

    Any advice on how to fight this charge? Two hits off a bowl are not worth $185 and a misdemeanor on my spotless record.
    To fight and give yourself a reasonable chance you need a lawyer. You need to decide if it is worth the money.

    Most people (even if innocent) plead guilty instead of spending the money or taking the chance of getting the maximum sentence allowed under law.

    Without your friends or your admission you may have a chance. Consult an attorney before making a decision.

    I do not think you should admit (to anyone) violating the law that cannot be proven. goodluck.
  10. #10
    HighwayMan is offline Senior Member
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    Quote Originally Posted by lj88 View Post
    A momentary lapse in judgement on my part...
    Tends to come with a price.

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