Legal Advice - Possession of Cannabis & Drug Parapernalia (1st Offense)

What is the name of your state? Illinois

Hi. My name is Michael Black. I am 18 years old and currently a Senior enrolled at Carbondale Community High School in Carbondale, IL. I was arrested Wednesday, November 29, 2006 after my vehicle was searched on school property and an electronic scale with cannabis residue was found under the driver's seat. Consent was given by my Mother to search the vehicle. I was charged with two city ordinance violations: one for possession of cannabis, the other for possession of drug paraphernalia. The descriptions on the tickets read as follows:

"Possession of Drug Paraphernalia in that the above was the possession of an electronic scale which had cannabis residue on it."

"Possession of Cannabis in that the above was found in possession on CCHS property of Cannabis."

While I was at the police station being questioned, my Mother also gave consent to search my bedroom where more paraphernalia and cannabis were found, but I was never issued a ticket for these...they were just confiscated. The school suspended me for 10 days, but this could be reduced to 5 if I attend a drug rehab evaluation program. My court date is scheduled for Wednesday, January 10, 2006 at city hall.

Now that I've explained my situation, here are my questions: Can I be charged for possession if it was only residue? It was not even a weighable amount since they were just tiny little specs. No where on the ticket does it state the amount I possessed. Also, is an electronic scale classified as drug paraphernalia?

I'm a little confused on which law applies: federal, state, or city? Can I fight this or possibly get a Motion of Dismissal for having less than 2.5 grams? Would it look better to a judge if I attended a drug rehab evaluation program before my court date? Can they use the seized cannabis and paraphernalia from my bedroom against me if a ticket was never issued? Can I get this expunged in the future?

Here are a couple of links to legal documents:
Carbondale, IL City Code --> http://66.113.195.234/IL/Carbondale/index.htm
Illinois Compiled Statutes --> http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005500K12
(720 ILCS 570/) Illinois Controlled Substances Act. --> http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072005700HArt%2E+IV&ActID=1941&ChapAct=720%26nbsp%3BILCS%26nbsp%3B570%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=61092&SeqStart=7500&SeqEnd=10400&ActName=Illinois+Controlled+Substances+Act%2E

As far as city ordinance violations go, I was in violation of codes 14-7-2 and 14-7-3.

Thank you for any help you might be able to give on this matter. I appreciate the time you have taken in reading this and hope to settle this matter as quickly as possible. Thank you.

Respectfully,
Michael Black

What is the name of your state? IllinoisWhat is the name of your state?

Electronic scales have been found to be not drug paraphernalia by the courts...People v. Lawler, No. H024083 (Cal.App. Dist.6 08/07/2003) etc.


[76] Whether or not the electronic gram scale and pieces of a plastic grocery store bag torn into pieces, are devices, contrivances, instruments or paraphernalia for injecting or smoking a controlled substance is a question of fact. (People v. Chambers (1989) 209 Cal.App. 3d. Supp. 1, 4.)

[77] Mr. Lawler asserts that there was no evidence that any of the things he possessed "could be used to inject or smoke anything at all." We agree.

[78] Accordingly, Mr. Lawler's conviction for possessing drug paraphernalia in violation of section 11364 must be reversed.

Thank you! I really appreciate it. Now, how do I present those to a city judge!?!

There is numerous Ill case law to support that possesion of a scale is not illegal - email me at [email protected] if you want me to email you a copy of this one...

05/12/93 The People of the State of v. Rogelio Astorga,

We find defendants' cited authority, People v. Hiatt (1992), 229 Ill. App. 3d 1094, 595 N.E.2d 733, distinguishable. In Hiatt, the police seized photographs and videotapes from the defendant's home. The defendant was charged with the offense of child pornography based on a videotape depicting one child. Subsequently, the defendant was charged with 20 counts of child pornography based on photos of different children. The defendant argued that the subsequent prosecution was barred by section 3-3. The appellate court agreed, finding that the possession of the videotape and the photographs constituted a single act of possession. (Hiatt, 229 Ill. App. 3d at 1097.)The distinguishing feature in Hiatt is that all of the materials were contraband. Here, the controlled substances were contraband, but the scale was not. There was no single act of possession because the possession of the scale was not criminal except in that it was stolen property. We note that the prosecutor was not aware that the scale was stolen when defendants were charged initially by complaint with the drug offenses.

Beynd that the code you where cited underdoes not appear to pertain to measruing devices...

No person shall knowingly possess any item of drug paraphernalia with the intent to use it for the purpose of unlawfully ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use within the corporate limits of the city of Carbondale.

I do not beleive the crime lab will certify the residue for the police. My sister worked in a crime lab for a long time - you wouldn't believe the things police officers would bring in insisting they were drugs - ranged from celery to dirt you may want to send in a letter for discovery to find out what is going to be used against you - send it to the DA and court...

cepe10 said:

...you may want to send in a letter for discovery to find out what is going to be used against you - send it to the DA and court...

Click to expand...

I was reading this thread, and then I read this part and realized it applied to my case too(couple of threads back.) Anyways, what is a "letter for discovery"?

A example of a discovery motion can be found here...

http://www.geocities.com/speeding_ticket_info/Discovery.html