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marijuana possession

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yankees216

Junior Member
What is the name of your state:UTAH

A few days ago I received a marijuana possession ticket.

My friends and I purchased maybe 1.3 grams of marijuana.We parked on an empty street, basically in the middle of no where.My friend was rolling a blunt. Two Sheriffs pulled up and came up to the car. My friend rolled down his window, the officer asked all of us to get out of the car. When he got us out of the car he smelled the odor of marijuana. He asked us where the weed was at.One of my friends told him where the joint was. The weed was only broken up and was under the seat. The cop charged us all for possession of marijuana.Cited us with a ticket. I just received a police report from the Sheriffs office and all four of us got charged with 8.5 Grams of marijuana which is over a quarter of an ounce! The officer stated that he weighed it. I have no idea how they got that number that high of an amount since there is a very low chance of fitting 8.5 grams in a blunt.The report is inaccurate, is there a chance that the case can get dropped?
 


CdwJava

Senior Member
Dropped? Why? No matter the weight, there was still a usable amount, correct? Why would the DA drop it or the court dismiss it?

Was it in a baggie or other container? The weight could have been the gross field weight as opposed to the net weight. Your attorney can certainly correct it ... though, it will mean admitting to possession - just a lesser amount. Unless the 8.5 grams holds a greater sentence then, say, 4 grams, it i really quibbling over semantics. But, you are certainly free to confess to possessing a lesser amount.

I suspect your attorney may decide to try and cast doubt on your possession and instead point the finger at your companions and hope that the state cannot prove the elements of possession beyond a reasonable doubt. Or, he may encourage a plea that includes diversion.
 

yankees216

Junior Member
Today

I decided not to fight it.I went to the judge today. The judge gave me plea in abeyance. I have to pay $190 within 3 months. Have to stay out of trouble for 6 months and the ticket is off of my record.
 

jschwa97

Junior Member
Sounds like you got off pretty easy in a state where possession is still a criminal offense.

No drug tests and only 6 months probation. Be grateful.
 

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