Got charged for "smelling like cannabis"

[MonarchX]

What is the name of your state? Florida

Florida
I was detained along with 3 of my mates for suspicion of smoking marijuana and possessing marijuana. Cops said they have a right to search us (they were VERY angry!) and we let them. They found abso-freaking-lutely NOTHING. They searched the place where we stood for fags and remains. They found NOTHING again. They started asking if smoked it all and one guy said "We smoked a joint" to which I said "Speak for yourself!". The other 3 people (including me) did not admit to anything. No tests were given to us.

They said they saw us but I know for a fact they did not because we saw them in their cars driving and we saw them coming out of their cars and by that time nobody had anything. I BELIEVE somebody called the police...

IDs were taken and we had an incident report which stated "Subject smoked marijuana and lied to police".

This was campus police (with full authority of real police). Now I have a judicial hearing (this is NOT a legal case) because campus policy states that drug USE is illegal and that they base their decision based on the weight of evidence (not like a true legal system), so its almost my word vs cop word but the cop won't be present during the hearing.

The story is that one person smoked marijuana and admitted to it (and will admit during the hearing AND mention that others did not) while others were just standing close.

One will plead guilty (the one who admitted), and others will plead not guilty. What are the chances that this is going to fly?

I asked one lawyer and he said that it must be a joke... and that I am SUPPOSED to win the case.

A drug test can be administered, which I more likely to pass than not. But... how can they verify that I was using drugs (against university policy) while on CAMPUS? When you are off campus then smoking weed isn't legal as long as you don't posses it... and drug tests don't tell you time and place of drug usage.What is the name of your state?

EDIT: Does it matter if the police was not answering our questions? We asked "Are we being detained or are we free to go?" and they said "Dare to move and see what happens". They accused us of having marijuana while we had nothing and threatening with physical force as well as YEARS in jail.

 

[Ohiogal]

using drugs is against university policy. doesn't matter where you used them.

 

[costandino]

Admit to nothing. Say nothing. They got nothing. Next time you want to leave ask the cops if you are under arrest. Tell them that unless they plan to detain you that you are leaving. Take down their names and badge numbers if possible and file a formal complaint. If the cop is not gonna show up that says a lot. Be prepared for the cops to get mean and all. Beware that a whole lot of cops these days will think nothing of violating you civil rights. They will almost always get away with it.

Tell your friend to shut up. If he is asked about using he can always try using Edwin Meese's favorite line when lying to congress..." I dont recall". That will probably get quite a laugh in court.

What university are you talking about? People ought to know.

Possession of Pot is legal in California for medical reasons and the cops seem to appreciate not having to bust people for stupid S***. Florida is draconian. I am amazed that the laws have not been changed to legalize a relatively harmless weed. You would think that 7/11 would back stoners. Lots of munchies needed and good for sales.

Thank big tobacco and alcohol companies for the politicians that they buy, and for lying to the public through the disinformation campaigns that they sponsor. Vote them all out. Boycott their products.

Send this caper to Cheech and Chong. Perhaps they will use it in their next stoner movie.

Welcome to the U.S. Land of the free and home of the rave. C.

 

[las365]

I read this as "smelling like cannibals." Heh.

Legal advice? I got nuthin.

 

[MonarchX]

Admit to nothing. Say nothing. They got nothing. Next time you want to leave ask the cops if you are under arrest. Tell them that unless they plan to detain you that you are leaving. Take down their names and badge numbers if possible and file a formal complaint. If the cop is not gonna show up that says a lot. Be prepared for the cops to get mean and all. Beware that a whole lot of cops these days will think nothing of violating you civil rights. They will almost always get away with it.

Tell your friend to shut up. If he is asked about using he can always try using Edwin Meese's favorite line when lying to congress..." I dont recall". That will probably get quite a laugh in court.

What university are you talking about? People ought to know.

Possession of Pot is legal in California for medical reasons and the cops seem to appreciate not having to bust people for stupid S***. Florida is draconian. I am amazed that the laws have not been changed to legalize a relatively harmless weed. You would think that 7/11 would back stoners. Lots of munchies needed and good for sales.

Thank big tobacco and alcohol companies for the politicians that they buy, and for lying to the public through the disinformation campaigns that they sponsor. Vote them all out. Boycott their products.

Send this caper to Cheech and Chong. Perhaps they will use it in their next stoner movie.

Welcome to the U.S. Land of the free and home of the rave. C.

So you suggest that nobody, absolutely nobody should admit? We figured if one person admits and takes the blame and also states that others didn't do it then its more believable than "Oh we use...cannabis hair spray and thats why we smelled like it".

See, the university doesn't operate under legal rules but under its own rules which state that the weight of evidence determines if you are responsible.

The story has to be believable. I am not going to just say "You got no evidence!". I'm going to answer just the question they ask and say "I was in a group of people and one person smoked weed and when cops approached that person admitted to it". Or should I say "I don't know if somebody smoked weed but I sure as hell did not".

 

[CdwJava]

So, the hearing you face is an adminsitrative hearing at the college? In that case, then they do not need the same type of evidence that they would for a criminal case. The college CAN hold a hard line for zero tolerance of drug use on campus. You will be permitted to make your case there. THAT will be your due process.

Oh, and stop smoking dope - it can get you in a lot of trouble.

- Carl

 

[HomeGuru]

I agree with Cdw.

 

[Ozark_Sophist]

For a good reference on your due process rights as a higher education student, check out thefire.org

 

[MonarchX]

So, the hearing you face is an adminsitrative hearing at the college? In that case, then they do not need the same type of evidence that they would for a criminal case. The college CAN hold a hard line for zero tolerance of drug use on campus. You will be permitted to make your case there. THAT will be your due process.

Oh, and stop smoking dope - it can get you in a lot of trouble.

- Carl

Yes, I understand, but what do you think of the story provided where one person who admitted to cops admits during the hearing and also states that others were simply standing by. We all have same exact story. We can explain why we were where we were at that time and its quite believable.

You would smell like reefer a bit if you were close to someone who is doing it. I can see how police assumed we all did it.

Do you think its believable?

 

[CdwJava]

Yes, I understand, but what do you think of the story provided where one person who admitted to cops admits during the hearing and also states that others were simply standing by. We all have same exact story. We can explain why we were where we were at that time and its quite believable.

Sooo ... you were all standing around minding your own business when jerk friend #1 sparks up in spite of your protests?

You would smell like reefer a bit if you were close to someone who is doing it. I can see how police assumed we all did it.

Then you can probably see why they might be skeptical that you were an innocent bystander.

Do you think its believable?

To the cops? No. To school administrators? Maybe. And since this is an administrative matter, you really only have to convince the administrators ... if they are naive enough, they just might buy a claim that you were an innocent victim of reefer smoke. If they know better, they ain't gonna buy that at all.

Whether they can act on the issue or not will depend entirely upon school policy and what the witnesses have to say about the circumstances.

- Carl

 

[MonarchX]

Sooo ... you were all standing around minding your own business when jerk friend #1 sparks up in spite of your protests?


Then you can probably see why they might be skeptical that you were an innocent bystander.


To the cops? No. To school administrators? Maybe. And since this is an administrative matter, you really only have to convince the administrators ... if they are naive enough, they just might buy a claim that you were an innocent victim of reefer smoke. If they know better, they ain't gonna buy that at all.

Whether they can act on the issue or not will depend entirely upon school policy and what the witnesses have to say about the circumstances.

- Carl

No witnesses, but 1 on 1 hearing with administration. They only evidence they will see is exactly what the report says and it says only this "Smoked weed and lied to cops". NO other details.

There was a party at location A and we decided to get some cigarettes and headed over to gas station. Soccer field is a known shortcut to the gas station. There were several of us and some people were smoking on the way and walking slow. I wasn't exactly looking into people's hands and asking "What are you smoking?". I don't care if anyone smokes weed. At the end of the field we got approached by police who said we smelled like weed and demanded we hand over the reefer. We said we have none and they accused us of being liars. Everyone knew that one guy smoking weed but nobody wants to narc and point fingers and be the accuser. They searched us, found nothing, and asked if we smoked it all. At that point the guy who did smoke said that he smoked a tiny joint. Then police asked me and others the same question. I said "No, I did not". We got IDed and released.

The person who admitted to cops that he smoked a tiny joint WILL admit to the same thing in front of a hearing person and his hearing is before mine.

Which part sounds too suspicious and could you give an advice on how to present the case better? I know for a fact that emphasizing "Oh they found nothing! They got nothing on us" will defiantly make us seem guilty.

Most of the time the administration is mean when talking to you and doesn't buy crap, but they don't punish severely.

For example a friend of mine was accused the same way 4 times and got called to judicial hearing and denied that its true. He got 7 hours community work. Another case is when some people got caught possessing and they admitted and got probation.

 

[CdwJava]

No witnesses, but 1 on 1 hearing with administration. They only evidence they will see is exactly what the report says and it says only this "Smoked weed and lied to cops". NO other details.

Very odd method, but, okay.

There were several of us and some people were smoking on the way and walking slow. I wasn't exactly looking into people's hands and asking "What are you smoking?". I don't care if anyone smokes weed.

Well, you should! Because you could get popped for it just like they can!

Remember, POSSESSION does not require ownership, and as long as you have constructive control over it - or are perceived to - you can be charged. And given the nature of marijuana as being a social drug commonly passed between the parties, the likelihood is very strong that you imbibed.

Everyone knew that one guy smoking weed but nobody wants to narc and point fingers and be the accuser.

Then everyone can hang tough and take the potential penalty. That's sometimes the consequence of loyalty when concealing a pal's illegal act.

The person who admitted to cops that he smoked a tiny joint WILL admit to the same thing in front of a hearing person and his hearing is before mine.

That may or may not help you. It depends upon the nature of the rule they are acting on. They may decide that kicking it with people who smoke weed is sufficient to kick you out. However, most colleges and universities I know of (though, they are in CA) have a very lenient stance on marijuana and even alcohol, so you might skate through.

Which part sounds too suspicious and could you give an advice on how to present the case better? I know for a fact that emphasizing "Oh they found nothing! They got nothing on us" will defiantly make us seem guilty.

Marijuana is a social drug. It is most often used in a social setting and passed between the participants whether they be in a room, a car, or walking on a path in the park. It is a huge stretch to believe that one guy in the whole group sparked up and no one else took a hit.

Most of the time the administration is mean when talking to you and doesn't buy crap, but they don't punish severely.

Then expect to be punished.

Next time, you and/or your pals might be best advised to spark up inside someone's home OFF campus rather than on the campus in a public place.

- Carl

 

[MonarchX]

Thanks for all your help.

Its an odd method because its a 1 on 1 hearing and if evidence you provide contradicts evidence police provided then you can take it to student council which is even a longer process.

Technically, cops didn't say "Did your friend smoke weed?" they asked us individually and individually I didn't. I am not sure if you got it but I truly didn't smoke it (that particular time I didn't). I am not gonna be lying to anybody, I can take a drug test no problems. I just know the nature of judicial office... you could enter a room where there is alcohol and not have a single sip and if cops find you there - you're done (you get a tiny punishment but you are found guilty). Not your room, not your alcohol, you may be stopping by to talk to a friend and you get charged... possession doesn't mean ownership so if I am standing next to gangsta in NYC at a station waiting for a bus and he gets searched and they find a gun then I technically was in possession?

I was wondering if there are any tips on actual conversation tips and things that COULD help me sound convinving. I was excellent at my speech class and convincing essays I wrote before.

I could pretend I am clueless about weed and don't know anything about it. Or I could say "Sir, I am not trying to insult your intelligence because you deal with these matters every day and can spot bull**** a mile away but the matter of fact is I truly did not posses or use marijuana".

I have too many things going for me (internships, jobs) and companies do hair testing (and you need to be almost a year free of weed to pass those) so I can't afford smoking it.

The real punishments are not severe, but the policy itself is horribly strict... I think its suspension for drug use or possession.

 

[CdwJava]

I am not sure if you got it but I truly didn't smoke it (that particular time I didn't).

Whether you are telling the truth or not would be impossible to tell. However, given the nature of marijuana and its use, it is VERY likely it was passed around. If this was the one time it was not, no one can say. However, this should serve as a great example of how even being around people that are doing drugs can get you in trouble. Being anywhere near a crime is never a good idea as you can get rolled up in the same rug as everyone else.

I am not gonna be lying to anybody, I can take a drug test no problems.

If you have used in the last 30-45 days, you might not want to do that.

I just know the nature of judicial office... you could enter a room where there is alcohol and not have a single sip and if cops find you there - you're done (you get a tiny punishment but you are found guilty).

That's because of possession - constructive control. It has nothing to do with ownership. Just hope that there is not cocaine on the table or it could be even more serious!

possession doesn't mean ownership so if I am standing next to gangsta in NYC at a station waiting for a bus and he gets searched and they find a gun then I technically was in possession?

No. They would have to establish knowledge and the ability to control it ... a concealed weapon on someone else would be a tough sell to show possession. Drugs or a weapon in a common area accessible to all nearby COULD be charged as possession. It may not fly at trial, but it could cause major problems for the parties involved.

I was wondering if there are any tips on actual conversation tips and things that COULD help me sound convinving. I was excellent at my speech class and convincing essays I wrote before.

None that come to mind ... but, academic discipline is not something I have any familiarity with, and since they do not have to adhere to codes of evidence, the slightest slip of the tongue can drag you down ... I'd hate to recommend something that would do that.

I could pretend I am clueless about weed and don't know anything about it.

Unless the panel is made up of Pollyanna kindergarten teachers imported from suburbia for just this hearing at a college, I doubt that will fly.

Or I could say "Sir, I am not trying to insult your intelligence because you deal with these matters every day and can spot bull**** a mile away but the matter of fact is I truly did not posses or use marijuana".

That might sound a little better than an outright insult to their intelligence. But, you'd be admitting to being around it and knowing it was being used ... whether that is a policy violation, I could not say.

I have too many things going for me (internships, jobs) and companies do hair testing (and you need to be almost a year free of weed to pass those) so I can't afford smoking it.

That's good. But, you can test positive being around it.

Before I became a cop, when friends toked up or pulled out the mirrors and straws, I did a 180 and left the building ... friend or not, I'm not going to be around that crud.

The real punishments are not severe, but the policy itself is horribly strict... I think its suspension for drug use or possession.

Likely because of the potential liability the college has. They aren't too severe out here in the land of fruits and nuts, but California is a different place.

- Carl

 

[MonarchX]

Whether you are telling the truth or not would be impossible to tell. However, given the nature of marijuana and its use, it is VERY likely it was passed around. If this was the one time it was not, no one can say. However, this should serve as a great example of how even being around people that are doing drugs can get you in trouble. Being anywhere near a crime is never a good idea as you can get rolled up in the same rug as everyone else.


If you have used in the last 30-45 days, you might not want to do that.


That's because of possession - constructive control. It has nothing to do with ownership. Just hope that there is not cocaine on the table or it could be even more serious!


No. They would have to establish knowledge and the ability to control it ... a concealed weapon on someone else would be a tough sell to show possession. Drugs or a weapon in a common area accessible to all nearby COULD be charged as possession. It may not fly at trial, but it could cause major problems for the parties involved.


None that come to mind ... but, academic discipline is not something I have any familiarity with, and since they do not have to adhere to codes of evidence, the slightest slip of the tongue can drag you down ... I'd hate to recommend something that would do that.


Unless the panel is made up of Pollyanna kindergarten teachers imported from suburbia for just this hearing at a college, I doubt that will fly.


That might sound a little better than an outright insult to their intelligence. But, you'd be admitting to being around it and knowing it was being used ... whether that is a policy violation, I could not say.


That's good. But, you can test positive being around it.

Before I became a cop, when friends toked up or pulled out the mirrors and straws, I did a 180 and left the building ... friend or not, I'm not going to be around that crud.


Likely because of the potential liability the college has. They aren't too severe out here in the land of fruits and nuts, but California is a different place.

- Carl

Thanks again. I hope I am not annoying you. I am just trying to find out the best way to help myself at this point.

Maybe say

1. that we asked the guy to drop the joint and he did but it was too late?

or

2. that nobody noticed until cops approached us and the guy confessed? We actually walked maybe 5-7 feet away from each other. We weren't standing and doing puff-puff-pass thats for sure.