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Marijuana possession charge w/o evidence

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jd1987

Junior Member
Hello, thanks for reading what I am about to entail upon you. I am a 20-year-old male, with no prior conviction record, 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). One of the officers 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. 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.
 
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sigmachimarine

Junior Member
Hello, thanks for reading what I am about to entail upon you. I am a 20-year-old male, with no prior conviction record, 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). One of the officers 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. 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.


Assuming that this is all of the information about the incident, and I don't mean that facetiously, then yes, you can be charged. However, it would almost certainly have to involved a Signed Affidavit from one or more of your roommates stating that they "saw" you smoke Marijuana in front of them (on said occasion). With no "proof" of hard evidence (finding Marijuana of any kind, to include resin) then it will be an uphill battle for the City Att. However, if they found paraphernalia with "resin" still attached, then it makes for a pretty solid case along with the Affidavits. That's just my two cents... ;)
 

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