Marijuana possession charge w/o evidence

[jd1987]

Hello, thanks for reading what I am about to entail upon you. I am a 20-year-old male living in Kansas. In October I had officers come into my house/apartment (I share with roommates, one of them let them in). While the officers were in my house I was in my room with three friends while I worked on my computer, as I'm a computer programmer. There was reminiscent smoke in my room, of what they inferred by smell was marijuana. They questioned my friends first, before questioning or even supervising me; perhaps because I'm in a wheelchair.

When all of my friends denied having marijuana, I said that I had finished a blunt and that I smoke occasionally for medicinal purposes (spasticity in my legs, lordosis, scholiosis, bladder spasms, upper back & neck pain from metal rods, and stomach pain caused by lordosis). The officer searched my room and didn't find anything, because I didn't have anything left. When I asked the officers why they were there, there was a hiatus, then a quick response of "We received a call from someone who was outside whom said they smelled marijuana" from one of them. After all was said and done, my friend and roommate was arrested upon a warrant (traffic violation) of which I believe was their purpose there in the first place. The officer proceeded to tell me that they couldn't arrest my other two friends and I because they couldn't find any evidence.

Well, today I had an officer in plain clothes come by to drop off a court summons for that past event. I wasn't available, so he left it with my roommate, and therefore I didn't sign it. It says I violated the 22-91 ordinance (Possession of Marijuana). I would like to know if this could hold up in court and if I would be able to know the identity of the person who reported the smell; perhaps by court summoning to testify. I'm pleading not guilty, as I shouldn't be charged with this "crime." I'm going to schedule an appointment with the DA here tomorrow to see if this could be dropped immediately by looking into the police report. I would like mature, serious, and literate responses to this please.

 

[The Occultist]

Um, are you serious? You confessed; how exactly do you think you're getting out of it?

 

[jd1987]

Well, there is no proof of what I said was true. Nothing at all. That smell could have been burning incense or some other form of smokable legal herb with an uncanny smell. I was very tired that night, as I was up for over two days and was shocked to see police in my home. I was also very nervous, as my friends were there, and I didn't know if they were going to get in trouble for anything. I was traumatized by the fact that I was in the comfort of my own home, making very little noise, and not disturbing anyone... yet the cops arrive for something so minuscule. It makes me think that cops could just make up some bogus reason and come into your house whenever they please; which now I'm constantly terrified of having my privacy invaded. This seems like a fascist/unconstitutional action... where is the LIBERTY?!

Well, I'm willing to give them a urine sample, as I know I'll show clean. There has got to be a way to get out of this evidence deficient predicament.

 

[jd1987]

Also... the smell could have been coming from any neighboring houses if it was reported by an individual passing by outside, which they said was the case. Why my house? If they could have got me with anything, why didn't they make an arrest that very night?

 

[PJ Weber]

Well, there is no proof of what I said was true

There is also no proof what you said was false, marijuana smoke smells like nothing else

I said that I had finished a blunt and that I smoke occasionally for medicinal purposes (spasticity in my legs, lordosis, scholiosis, bladder spasms, upper back & neck pain from metal rods, and stomach pain caused by lordosis)

Do you at least have a note from your doctor stating that smoking marijuana lessens your pain

I was traumatized by the fact that I was in the comfort of my own home, making very little noise, and not disturbing anyone... yet the cops arrive for something so minuscule.

Take that up with whoever let the police in. Remember . . .you were breaking the law

That smell could have been burning incense or some other form of smokable legal herb with an uncanny smell.

Was there incense burning? Or a smokable herb with a uncanny smell around?

 

[CdwJava]

You say you would pass a urine test? Really?

How long ago did you last smoke?

- Carl

 

[jd1987]

To answer your questions PJ Weber, I do not have a doctor's note readily available that says it lessens my pain, however, I can probably get one. As for the incense and legal herb, I was burning incense and I did and still do have legal herb with a somewhat similar smell when burning.

As for your question Carl, I last smoked about a month ago. I have a very low percentage of body fat, a very fast metabolism, and an above normal urinary frequency. I'm sure all of the THC metabolites have been excreted by now. Also, due to my situation being paralyzed, I drink more water than most people to keep my kidneys in good health. The PH levels in my urine cannot be discriminated because of this, so the chance of THC metabolite showing up is greatly reduced.

I believe even if there is police testimony against me, there were imperfect practices committed by the officers that could in turn benefit me in this case. Please, instead of telling me I'm screwed, I broke the law, etc... tell me things that may assist me when thinking back on the police actions. It doesn't seem like they did their job quite well that night. I give them a 50%. If I did something illegal, they should have arrested me for possession at the time they came into my house... not giving me a summons two months later. I think this is just a chance for them to try to make money for the county by having me plead guilty... however it seems they never think about the implications these types of truly petty offenses could do to the unemployment and crime recurrence rates. I think they need a psychology professional assisting them with their decisions.

Some of what I say are just my sole opinions, and this is obvious. Please try to understand my perspective on this; not just looking at things in an always 100% strict manner.

 

[jd1987]

Also, I really appreciate anyone who takes the time to read this. It's not mandatory for you to do so, and if you help me out, I'll appreciate it even more! I'm hoping I get out of this charge... I can't afford it. I know it's my fault I'm in this situation, but honestly I don't see any damage that I've done. Even if I was smoking pot at that occasion, what's the big deal? I really would like to know.

I think it's about time the "reefer madness" plague ends. The generations that were brainwashed into believing false claims of marijuana related accidents and crimes should not be so oblivious to untainted scientific research that shows marijuana's potential for commercial benefits in plastics/synthetics, paper, food, etc... along with medical benefits. I for one think that if it were made legal period, it would help limit the use to adults and cut funds used for inmates and the failing enforcement/prevention of it; that money could be used for better things. It would of course have restrictions towards activities, but the smoke, once exhaled, is harmless to anyone else in terms of THC effect.

Sorry, I'm rambling, I've been up all night researching law. This probably isn't the right place to post my opinions, but I'm going to leave them there anyways . Again, thank you for reading and/or helping.

 

[The Occultist]

A doctor's note will mean nothing. It will take the doctor going into the court room and taking the stand on your behalf. You can ask Carl how many times he's seen a doctor willing to do that

Nothing you've posted will convince a court that you shouldn't be held accountable based on what you feel to be lack of professionalism from the officers.

You've already confessed. When that is brought up in court, you're dead. If you try being smart about this, and instead of "fighting the system" you show regret and remorse, you may see lighter sentences imposed upon you. Perhaps Kansas offers some sort of deferred prosecution you could go through. That's what you should be trying for, not to get off free for a crime you've already confessed to.

Also, and I'm really going to sound like a jerk here, but you gotta understand I'm pretty sick of people coming to a legal board and sharing their moral opinions about marijuana, but nobody gives a damn about your moral opinions of marijuana!

 

[CdwJava]

A doctor's note will mean nothing. It will take the doctor going into the court room and taking the stand on your behalf. You can ask Carl how many times he's seen a doctor willing to do that.

We can't get them to even confirm they wrote a recommendation, much less show in court! One of our ADAs has said he always files on these recommendation cases because he has yet to EVER have a doctor respond to a request for confirmation of need and recommendation much less show in court.


- Carl

 

[CdwJava]

To answer your questions PJ Weber, I do not have a doctor's note readily available that says it lessens my pain, however, I can probably get one.

More to the point, does your state allow this as a defense to marijuana possession? If not, then the doctor's recommendation is really a moot point.

I believe even if there is police testimony against me, there were imperfect practices committed by the officers that could in turn benefit me in this case.

Such as ...

Please, instead of telling me I'm screwed, I broke the law, etc... tell me things that may assist me when thinking back on the police actions.

We don't know about the police actions, we only know your perception of the police actions.

Perhaps when your attorney gets a copy of the report you can come back and let us know what they had to justify the contact and even the entry.

But, if they had lawful reason to be there (and even the police can knock and ask if they can come in) then their sense of smell can be sufficient to justify good cause to proceed further ... then, when you confessed to smoking "a blunt", that MIGHT be enough to support the charge in your state. Apparently it is.

If I did something illegal, they should have arrested me for possession at the time they came into my house... not giving me a summons two months later.

There are a number of reasons to do that ... it might be that the officers did not want to deal with a wheel-chair bound person at the time (this is a logistical problem for both the arresting agency and the jail) ... it might be that marijuana possession is no a custodial offense in your state ... it might also be that it was not until the report was viewed by others or the DA that it was decided charges should be brought.

I think this is just a chance for them to try to make money for the county by having me plead guilty.

Yeah ... I'm sure the fine will cover the costs of all the court staff, the DA, and the officers involved. Typically, this is not the case ... but, maybe KS is a harsh place. But, if they allow doctor's notes for MJ, maybe it's not too bad.

I think they need a psychology professional assisting them with their decisions.

Okaaaay ... well, put the state legislature in touch with one.

In the end, you need to consult an attorney on this. I cannot imagine it is THAT big of a case, and I cannot see that this is a huge issue or a strong case.

- Carl