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K2 / Paraphenalia possession

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tiemannc

Junior Member
Illinois - K2 was outlawed on January 1st, 2011. My 15 yr old son was ticketed for paraphenalia possession after a pipe and some K2 were found on a bench between him and 2 other minors. The pipe was not in my son's physical possession, yet he was the only one charged with it. They did not know the law had changed 2 days beforehand, and thought it was legal for them to possess. With all of this said, can I fight these charges?
 


Illinois...My 15 yr old son was ticketed for paraphenalia possession after a pipe and some K2 were found on a bench between him and 2 other minors. The pipe was not in my son's physical possession, yet he was the only one charged with it.
Illinois law allows for constructive possession--he need not have it on his physical person to count as possession. Did he admit to the officer that it was his (or did his two compatriots say it was his)?


They did not know the law had changed 2 days beforehand, and thought it was legal for them to possess. With all of this said, can I fight these charges?
Ignorance of the law is not a defense.

I would speak to a lawyer in order to ascertain if there was anything improper about the search leading to the arrest.
 

CdwJava

Senior Member
Sounds like the law was passed 6 months ago, so there was plenty of advanced warning. I am sure the kids knew it was coming up. There is a lot of talk in drug circles about pending legislation on such things, and unless the kid never checked the internet, never talked to fellow users, and never read a local paper, he had to have known the law was changing. If he says he did NOT know, I suspect he is fibbing.
 

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