• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Possession of Marijuana

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aarjm

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

I have been charged with possession of marijuana. Story time. I was out smoking with a friend and came back to my dorm room on a university campus, hid my stash in my room and then my roommate let in a cop that said somebody had smelt the marijuana. I initially denied anything to do with it, but he could tell that I was stoned and I think the smell being from my room was somewhat obvious. He searched my room, which I think he had the legal authority to do because it is a dorm room owned by the state. He didn't find my stash and threatened to bring a k-9 unit, so in order to keep my stash from being discovered I came up with a story. I said that I had "taken a few hits" in my bedroom and then went out with a friend to smoke. I really didn't smoke in my room, but I had prepared my weed earlier that day in that room which is probably why it smelt. I then agreed to a urine sample which was of course positive for THC. He then proceeded to write me a citation for Possession of Marijuana (58-37-8). Is that enough to warrant a conviction? Just the positive urine sample and my story? Could I argue to the judge that I didn't have actual possession of it, and that I received secondhand smoke from my friend and that I lied to the police officer? Or some other story? How serious of an offence is lying to a police officer and will that get me into deeper trouble? Should I just fess up to it and accept the conviction? This might help: le.utah.gov/xcode/Title58/Chapter37/58-37-S8.html
Thank you for your help.
 
Last edited:


HighwayMan

Super Secret Senior Member
No one here is going to help you make up a story or lie.

It's time to look at hiring an attorney to assist you. It's not really a do-it-yourself matter.
 

OHRoadwarrior

Senior Member
Are you trying to claim someone else held the joint while you hit it, in the dorm room? Seriously, you need a lawyer, not a better story teller. BTW expect to be kicked out of college very soon.
 

quincy

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

I have been charged with possession of marijuana. Story time. I was out smoking with a friend and came back to my dorm room on a university campus, hid my stash in my room and then my roommate let in a cop that said somebody had smelt the marijuana. I initially denied anything to do with it, but he could tell that I was stoned and I think the smell being from my room was somewhat obvious. He searched my room, which I think he had the legal authority to do because it is a dorm room owned by the state. He didn't find my stash and threatened to bring a k-9 unit, so in order to keep my stash from being discovered I came up with a story. I said that I had "taken a few hits" in my bedroom and then went out with a friend to smoke. I really didn't smoke in my room, but I had prepared my weed earlier that day in that room which is probably why it smelt. I then agreed to a urine sample which was of course positive for THC. He then proceeded to write me a citation for Possession of Marijuana (58-37-8). Is that enough to warrant a conviction? Just the positive urine sample and my story? Could I argue to the judge that I didn't have actual possession of it, and that I received secondhand smoke from my friend and that I lied to the police officer? Or some other story? How serious of an offence is lying to a police officer and will that get me into deeper trouble? Should I just fess up to it and accept the conviction? This might help: le.utah.gov/xcode/Title58/Chapter37/58-37-S8.html
Thank you for your help.
Here is a direct link to the law you cited, aarjm:

http://le.utah.gov/xcode/Title58/Chapter37/58-37-S8.html

I presume you read the law. The fact that you tested positive for THC and admitted to using marijuana earlier in the day is all that is needed for a conviction on the Class A misdemeanor.

What you need instead of stories and lies to tell the judge (and lying to a judge is just a really really bad idea) is a good attorney who will work with you, and the prosecutor, and the truth, and your confession to the police officer, to try to keep you from having a criminal record.

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top