What is considered possesion

[Musicman45]

What is the name of your state (only U.S. law)? WA

I was recently arrested for smoking marijuana due to smell alone. I just received a summons stating that I have been charged with COUNT I POSSESSION less than 40g. My question is if the act of smoking is considered possession? I had nothing on me at the time, besides the THC that had entered my system from smoking earlier. Also if I had the blunt in my hand at one point in time is that also considered possession?

 

[CdwJava]

What is the name of your state (only U.S. law)? WA

I was recently arrested for smoking marijuana due to smell alone. I just received a summons stating that I have been charged with COUNT I POSSESSION less than 40g. My question is if the act of smoking is considered possession? I had nothing on me at the time, besides the THC that had entered my system from smoking earlier. Also if I had the blunt in my hand at one point in time is that also considered possession?

Were you caught or observed with the dope in your hand/pocket/car/home? If so, that can be possession.

In some states, consumption may be considered a form of "internal" possession, if you will. I know that varies by county down here (for purposes of alcohol, anyway) how it works in WA, I just could not say. I suspect they saw you with or can show that at some point you DID possess the substance and that is what their case is built around.

Consult local counsel.

- Carl