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I have been cited for underage possession of a marijuana pipe

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diggity dank

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

Im 16 almost 17 and recently have been cited for underage possession of a marijuana pipe and being under the influence (which is bull **** cuz ill be legal in a year). This is my first offense so i was just wondering what penalty i can expect and what steps i should take as far as court goes.
thanks your advice is appreciated

what is the name of your state (only U.S. law)? CaliforniaWhat is the name of your state (only U.S. law)?
 


CdwJava

Senior Member
It is not illegal in CA to be in possession of a "marijuana" pipe. But, being under age, it is unlawful for you to be in possession of tobacco products. And, since marijuana smoking devices are sold as tobacco devices, you may be charged with possession of tobacco products (per PC 308(b)).

What section were you cited for? If for H&S 11364, then the matter could be dismissed if you hired an attorney ... or, if your parents forked out for one.

- Carl
 

diggity dank

Junior Member
It is not illegal in CA to be in possession of a "marijuana" pipe. But, being under age, it is unlawful for you to be in possession of tobacco products. And, since marijuana smoking devices are sold as tobacco devices, you may be charged with possession of tobacco products (per PC 308(b)).

What section were you cited for? If for H&S 11364, then the matter could be dismissed if you hired an attorney ... or, if your parents forked out for one.

- Carl
uhm this is what i was charged with i have NO idea what it means but this is what was on the citaton : 647 (f) pc UTI (for what ever reason he didnt write down that i had the pipe, so does that mean he didnt charge me or what?)
 

Zigner

Senior Member, Non-Attorney
647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
...
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.

Please Note: This is NOT age-related.
 

CdwJava

Senior Member
uhm this is what i was charged with i have NO idea what it means but this is what was on the citaton : 647 (f) pc UTI (for what ever reason he didnt write down that i had the pipe, so does that mean he didnt charge me or what?)
If that is the only violation, then you were charged with public intoxication (by drugs or alcohol). That means that unless you were really high (and unable to care for yourself or the safety of others), you can probably prevail at court.

However, depending on the county where this happened, you may well just have to appear before a juvenile probation officer who will issue you a warning or ask for voluntary drug treatment. Whether your parents want to fork for an attorney over something that is pretty minor and can go away through diversion is up to them. But, unless you were pretty high, 647(f) is going to be tough for the state to prove.

Oh, and as Zigner points out, you can be subject to this charge at any age.

- Carl
 

diggity dank

Junior Member
While you're dealing with this, I suggest you drop the belligerent teenage attitude. It is NOT BS because you are NOT legal. Be a respectful ADULT-like person.

all right buddy first off i was only saying that the fact the the officer started thiis in the first place was that he saw my pipe, which i was saying shouldnt really be a big enuff deal that i should have to go thru all this seeing as in a little over a year he couldn't act do anything about it. Also i asked for LEGAL advice not your commentary on what you think of my "attitude" thank you very much. to those of you who actually contributed something i thank you.
 

diggity dank

Junior Member
If that is the only violation, then you were charged with public intoxication (by drugs or alcohol). That means that unless you were really high (and unable to care for yourself or the safety of others), you can probably prevail at court.

However, depending on the county where this happened, you may well just have to appear before a juvenile probation officer who will issue you a warning or ask for voluntary drug treatment. Whether your parents want to fork for an attorney over something that is pretty minor and can go away through diversion is up to them. But, unless you were pretty high, 647(f) is going to be tough for the state to prove.

Oh, and as Zigner points out, you can be subject to this charge at any age.

- Carl

wow thats really lame because i really wasnt that high, the officer wouldnt have known had he not thoroughly inspected me i wasnt acting in any way out of the ordinary and i answered all of his questions thoroughly and clearly.
but is what your saying that if say that i wasnt really that high at the time and that i wasnt acting high or anything he cant pin me with the charge? just to clarify thanks!
 

CdwJava

Senior Member
all right buddy first off i was only saying that the fact the the officer started thiis in the first place was that he saw my pipe, which i was saying shouldnt really be a big enuff deal that i should have to go thru all this seeing as in a little over a year he couldn't act do anything about it.
But, the cutoff for possession of tobacco products is 18 and you appeared under 18. And, in any event, you can't generally sit around and smoke pot at any age.

- carl
 

CdwJava

Senior Member
wow thats really lame because i really wasnt that high, the officer wouldnt have known had he not thoroughly inspected me i wasnt acting in any way out of the ordinary and i answered all of his questions thoroughly and clearly.
but is what your saying that if say that i wasnt really that high at the time and that i wasnt acting high or anything he cant pin me with the charge? just to clarify thanks!
*IF* the matter goes to court, then the state will have to show that you were unable to care for yourself or the safety of others. This is a higher burden than some officers think. Most often these matters are dropped rather than presented to court, and the matter is cleared as a detention only per PC 849(b).

But, if it goes to juvenile probation rather than court, you will get a chance to avoid the hassle and just keep your nose clean. They may ask you to come in and test once in a while, but in 6 months to a year it'll be done and gone.

The bigger question is if your parents are going to want to spend $1,500 or more on an attorney to avoid you paying a much smaller fine. As a juvenile, it may also open your parents up to scrutiny from CPS and could open a can of worms that you and your parents do not want.

First, marijuana is illegal. Second, tobacco is illegal for you for another year. Third ... did I say they were both illegal?

I presume your parents are not too excited by all this as you have a computer to post to the internet. had you been MY son, you would not have a license, a car, a computer, or a cell phone. Well, you MIGHT have a cell phone, but it would be one of those ones with pre-programmed numbers and, probably, a GPS tracking device in it all for me to check up on you.

- Carl
 

diggity dank

Junior Member
*IF* the matter goes to court, then the state will have to show that you were unable to care for yourself or the safety of others. This is a higher burden than some officers think. Most often these matters are dropped rather than presented to court, and the matter is cleared as a detention only per PC 849(b).

But, if it goes to juvenile probation rather than court, you will get a chance to avoid the hassle and just keep your nose clean. They may ask you to come in and test once in a while, but in 6 months to a year it'll be done and gone.

The bigger question is if your parents are going to want to spend $1,500 or more on an attorney to avoid you paying a much smaller fine. As a juvenile, it may also open your parents up to scrutiny from CPS and could open a can of worms that you and your parents do not want.

First, marijuana is illegal. Second, tobacco is illegal for you for another year. Third ... did I say they were both illegal?

I presume your parents are not too excited by all this as you have a computer to post to the internet. had you been MY son, you would not have a license, a car, a computer, or a cell phone. Well, you MIGHT have a cell phone, but it would be one of those ones with pre-programmed numbers and, probably, a GPS tracking device in it all for me to check up on you.

- Carl


haha well thanks for all your help i appreciate it
 

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