Not In possession yet still charged

[plztellmewhy]

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

I was recent in my friends car, him driving. We were pulled over by a UC
for improper registration. After waiting a while the officer asked him to step out.
few min later i am informed that he consented to the vehicle being searched, after already admitting he had a little bit of weed in his car and claiming it was his.
Officer asks me to step out so i did then tells me he is going to search me. yeah does not even ask if i would consent.
They did not find anything on me dew to the fact that there was none.
I had smoked some earlier that day and the officer based a possession charged purely on that. Is that legal?

I always thought possession charges were different from admittance to consumption charges?
I do not know need you help...
Thank you

 

[Some Random Guy]

If the possession charge is solely for having MJ in your system, then you may be in luck.

State v. Ireland, 2006 UT 17

Utah’s drug possession statute defines “possession” as “ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, swallowing, injection, or consumption . . . of controlled substances.” The State charged Jeffery Ireland with unlawful possession or use of meth and marijuana because his blood tested positive for those substances. The State argued that “consumption” included metabolizing the controlled substance. The supreme court disagreed and held that under the doctrine of ejusdem generis, the word consumption was limited to ingesting drugs. It concluded that Utah lacked subject matter jurisdiction over Ireland because there was no evidence that he “possessed” the drugs in Utah.

How Do You Like Them Appellates?: Criminal Law

Now, did you tell him you smoked it within the state?

 

[plztellmewhy]

I simply admitted to smoking it at a friends house.
Would they not have neede a drug test to prove or can they go simply off my word?