paraphernalia, not mine!

I live in colorado, and I was pulled over in August for expired license plates. The officer ran my name and found out that I had a previous paraphernalia ticket from when I was 17. Two other police cars pulled up and they came up to my window and asked me to step out of the car. I got out and the officers handcuffed me, searched me and asked me if there was anything illegal in the car I said "there is an empty canister on the floor that isn't mine." The officers made me sit on the curb and got a k-9 unit to search my car. The k-9 went through my car and came out with nothing. The k-9 was put away, and I'm guessing the officer was still not satisfied. He tore my backseat out and broke the clips, there was nothing under my backseat. He finally looked under my seat with a look of confusion finding a pipe. The pipe he found has never had anything illegal smoked out of it. He grabbed the pipe and the canister and asked me "what are these?" I told the officer "the pipe has no illegal substance in it." The officer just replied saying " we'll let the court decide that."
Now the canister that was found, is my friends who is a disabled medical marijuana license holder and I give him rides to where he needs to go. My friend said he would testify proving that he is MMJ licensed and that the canister found was his and that it was an irresponsible action on his part. I haven't smoked marijuana since I was 20 years old and have taken numerous drug tests for jobs since then proving that I am clean. I am wondering if the pipe can be tested for illegal substances? And if my friend testifies will the charge be dropped? Could I get a record of my drug tests and bring that to court to prove I'm clean? I am worried about this because if I get a paraphernalia ticket on my adult record I will be kicked out of my apartment, and at my job I will have to take randoms every week that I have to pay for. I already take randoms once every two or three months that I don't pay for. I can't afford this to be on my record.

Possession doesn't require ownership.
Your friend's testimony most likely will not help you.
You're not allowed to possess his stuff even if he could have had it legally.
The Colorado statutes doesn't require the pipe to be "dirty" to qualify as paraphernalia.

If the consequences are dire for you on a petty misdemeanor, get a lawyer.

FlyingRon said:

Possession doesn't require ownership.
Your friend's testimony most likely will not help you.
You're not allowed to possess his stuff even if he could have had it legally.
The Colorado statutes doesn't require the pipe to be "dirty" to qualify as paraphernalia.

If the consequences are dire for you on a petty misdemeanor, get a lawyer.

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I have an honest question that I have always wondered about. How can it be legal for stores to sell the kind of pipes that people use to smoke pot, but someone can be arrested for paraphernalia for having one (clean) in their possession?

Can't they be used for smoking tobacco?

LdiJ said:

I have an honest question that I have always wondered about. How can it be legal for stores to sell the kind of pipes that people use to smoke pot, but someone can be arrested for paraphernalia for having one (clean) in their possession?

Can't they be used for smoking tobacco?

Click to expand...

Different states, different laws. Perhaps if it can be articulated that it is to be used to smoke dope then it becomes illegal. In my state possession of a marijuana pipe even WITH residue is not a crime.

And, on a side note, I have to ever come across anyone who smokes tobacco in a pot pipe ... it's one of those things that we KNOW what it is used for, but the lobbying power is such that we cannot make it against the law to sell or possess such pipes or bongs.