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Drinking/Marijuana legal questions

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atepper2

Junior Member
What is the name of your state (only U.S. law)?
South Carolina

Okay, so I could make this thread really long, but I'm going to try to shorten it and get straight to the point. If this is not the right place for me to post this, and there is a better place to put it, please tell me so that I can get the right person to answer the questions that I have.

A little bit about myself before I ask 2 questions. I have a history of doing many stupid things and getting in trouble a lot and stopped getting in trouble about 3 years ago. I just turned 20 in October. Because of disappointing my parents a lot and close calls with the law, I have become paranoid about getting in trouble. I have no history of alcohol usage or drug usage of any kind, my trouble was in acting out (I.e taking parents car, running away, minor stealing etc.)
Obviously I'm 20. I have less than a year to go. I go to a university tho, and everyone drinks. But I'm that kid that doesn't go out and socialize because everyone is drinking and I know that I can't do that unless I stay in my apartment. I figure that if I go out, I may get caught and get in trouble for drinking. My friends keep trying to get me to go out with them, but I know something will go wrong if I do, but I'm trying to be more social and so I'm considering it, which leads me to my 1st question.

I have 2 main questions. (PLEASE DON'T GIVE ME AN ANSWER LIKE "Just don't drink". That doesn't help me)
A. What are the laws in South Carolina about what cops can do. I.E. what can I believe that my roommates keep trying to convince me. They say "as long as you don't look drunk, or are by yourself, or do something stupid, no cops can say anything." Or I've heard that if a cop approaches you, you can just walk away and they can't do anything. Basically, if i'm outside of my apartment in public, and I'm not "drunk" or acting stupid, what laws protect me from being ID'ed or questioned, or anything similar to that? Does any of this make sense? Basically, what shouldn't I do if I've been underage drinking and I go in public. What laws protect me? What laws could be used against me?. Obviously I would never drink and drive. But I still want to go and have a good time downtown like the billions of other kids my age and younger that drink with their fake ID's and ****, but I don't wanna buy one and get caught with one and get in that kind of trouble. What are actions I can take to avoid being bothered by cops? What can they and can't they do?

B. My roommates like to smoke weed. I hate it. I don't smoke and never have. They claim that they can mask the smell and everything is okay yada yada yada. But it still bothers me. If cops come in because they smell weed, or for another reason and see them smoking or see weed in their room, can I get in trouble for it AT ALL. Is it possible even if unlikely? IF so, how could I be liable? They say that as long as they claim that the weed is theirs, I won't get in trouble. Is this true? If it's not, what could I be charged for, or how might I get in trouble?

If Anyone could shed some light on these 2 issues, that would be really helpful. I keep trying to look them up in statutes of south carolina and such, but I can never find anything other than if ur caught smoking it or possessing it or if ur caught underage drinking or in possession of it and such. Those don't really pertain to my questions.


THANKS!
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)?
South Carolina

Okay, so I could make this thread really long, but I'm going to try to shorten it and get straight to the point. If this is not the right place for me to post this, and there is a better place to put it, please tell me so that I can get the right person to answer the questions that I have.

A little bit about myself before I ask 2 questions. I have a history of doing many stupid things and getting in trouble a lot and stopped getting in trouble about 3 years ago. I just turned 20 in October. Because of disappointing my parents a lot and close calls with the law, I have become paranoid about getting in trouble. I have no history of alcohol usage or drug usage of any kind, my trouble was in acting out (I.e taking parents car, running away, minor stealing etc.)
Obviously I'm 20. I have less than a year to go. I go to a university tho, and everyone drinks. But I'm that kid that doesn't go out and socialize because everyone is drinking and I know that I can't do that unless I stay in my apartment. I figure that if I go out, I may get caught and get in trouble for drinking. My friends keep trying to get me to go out with them, but I know something will go wrong if I do, but I'm trying to be more social and so I'm considering it, which leads me to my 1st question.

I have 2 main questions. (PLEASE DON'T GIVE ME AN ANSWER LIKE "Just don't drink". That doesn't help me)
A. What are the laws in South Carolina about what cops can do. I.E. what can I believe that my roommates keep trying to convince me. They say "as long as you don't look drunk, or are by yourself, or do something stupid, no cops can say anything." Or I've heard that if a cop approaches you, you can just walk away and they can't do anything. Basically, if i'm outside of my apartment in public, and I'm not "drunk" or acting stupid, what laws protect me from being ID'ed or questioned, or anything similar to that? Does any of this make sense? Basically, what shouldn't I do if I've been underage drinking and I go in public. What laws protect me? What laws could be used against me?. Obviously I would never drink and drive. But I still want to go and have a good time downtown like the billions of other kids my age and younger that drink with their fake ID's and ****, but I don't wanna buy one and get caught with one and get in that kind of trouble. What are actions I can take to avoid being bothered by cops? What can they and can't they do?
Actually, given that this is an advice board, "Don't drink" is the most prudent - and helpful - response.

The rest of the paragraph is a no-brainer. No, it really is.

B. My roommates like to smoke weed. I hate it. I don't smoke and never have. They claim that they can mask the smell and everything is okay yada yada yada. But it still bothers me. If cops come in because they smell weed, or for another reason and see them smoking or see weed in their room, can I get in trouble for it AT ALL. Is it possible even if unlikely? IF so, how could I be liable? They say that as long as they claim that the weed is theirs, I won't get in trouble. Is this true? If it's not, what could I be charged for, or how might I get in trouble?

If Anyone could shed some light on these 2 issues, that would be really helpful. I keep trying to look them up in statutes of south carolina and such, but I can never find anything other than if ur caught smoking it or possessing it or if ur caught underage drinking or in possession of it and such. Those don't really pertain to my questions.


THANKS!

Your room-mates don't quite have the correct response; you could feasibly be charged even if the weed isn't yours.

My advice: Steer clear of room-mates with weed, and don't drink until you're of age.
 

atepper2

Junior Member
Actually, given that this is an advice board, "Don't drink" is the most prudent - and helpful - response.

The rest of the paragraph is a no-brainer. No, it really is.




Your room-mates don't quite have the correct response; you could feasibly be charged even if the weed isn't yours.

My advice: Steer clear of room-mates with weed, and don't drink until you're of age.
Okay so I just won't count on you for the alcohol part. But you didn't read my questions. I said "if I could be charged for the weed, HOW"? What charges?
 

dave33

Senior Member
atepper2, Your roomates are giving you false information. Every situation is different and no definite answers exist. That being said, some things are the same, such as.... The police can approach you and ask just about anything they want. To just turn and walk away will not get you very far.

If there is marijuana in your vicinity you can be cgarged. They can claim it belongs to them until they are blue in the face but that guarantees nothing. goodluck.
 

quincy

Senior Member
What is the name of your state (only U.S. law)?
South Carolina

Okay, so I could make this thread really long, but I'm going to try to shorten it and get straight to the point. If this is not the right place for me to post this, and there is a better place to put it, please tell me so that I can get the right person to answer the questions that I have.

A little bit about myself before I ask 2 questions. I have a history of doing many stupid things and getting in trouble a lot and stopped getting in trouble about 3 years ago. I just turned 20 in October. Because of disappointing my parents a lot and close calls with the law, I have become paranoid about getting in trouble. I have no history of alcohol usage or drug usage of any kind, my trouble was in acting out (I.e taking parents car, running away, minor stealing etc.)
Obviously I'm 20. I have less than a year to go. I go to a university tho, and everyone drinks. But I'm that kid that doesn't go out and socialize because everyone is drinking and I know that I can't do that unless I stay in my apartment. I figure that if I go out, I may get caught and get in trouble for drinking. My friends keep trying to get me to go out with them, but I know something will go wrong if I do, but I'm trying to be more social and so I'm considering it, which leads me to my 1st question.

I have 2 main questions. (PLEASE DON'T GIVE ME AN ANSWER LIKE "Just don't drink". That doesn't help me)
A. What are the laws in South Carolina about what cops can do. I.E. what can I believe that my roommates keep trying to convince me. They say "as long as you don't look drunk, or are by yourself, or do something stupid, no cops can say anything." Or I've heard that if a cop approaches you, you can just walk away and they can't do anything. Basically, if i'm outside of my apartment in public, and I'm not "drunk" or acting stupid, what laws protect me from being ID'ed or questioned, or anything similar to that? Does any of this make sense? Basically, what shouldn't I do if I've been underage drinking and I go in public. What laws protect me? What laws could be used against me?. Obviously I would never drink and drive. But I still want to go and have a good time downtown like the billions of other kids my age and younger that drink with their fake ID's and ****, but I don't wanna buy one and get caught with one and get in that kind of trouble. What are actions I can take to avoid being bothered by cops? What can they and can't they do?

B. My roommates like to smoke weed. I hate it. I don't smoke and never have. They claim that they can mask the smell and everything is okay yada yada yada. But it still bothers me. If cops come in because they smell weed, or for another reason and see them smoking or see weed in their room, can I get in trouble for it AT ALL. Is it possible even if unlikely? IF so, how could I be liable? They say that as long as they claim that the weed is theirs, I won't get in trouble. Is this true? If it's not, what could I be charged for, or how might I get in trouble?

If Anyone could shed some light on these 2 issues, that would be really helpful. I keep trying to look them up in statutes of south carolina and such, but I can never find anything other than if ur caught smoking it or possessing it or if ur caught underage drinking or in possession of it and such. Those don't really pertain to my questions.


THANKS!
In providing answers here, atepper, I am doing so on an assumption, the assumption being that you had inhaled too much of your roommates' smoke or you had already started your "drinking at home" and were, therefore, a bit too high or too drunk to realize you were being rude to those from whom you were seeking free advice.

The police need probable cause to stop you and require that you be screened for drugs or alcohol consumption. If you are with your drugged-up friends and your drugged-up friends are acting like drugged-up friends are prone to acting, that should be enough for you to be screened right along with them. If you have been drinking, you will probably be acting stupid even when you think you are not acting stupid, and that can result in probable cause.

Any alcohol content detected in your blood can result in you being charged with a misdemeanor. Any time you are with others who possess alcohol or drugs, you can be charged, as well.

As a first time offender, you can potentially avoid having a misdemeanor appear on your record through a diversion program. But this is not a guarantee. Having an attorney if you are charged with possession or consumption, of either alcohol or marijuana, is wise and advised.

I am afraid that, although you say you are "paranoid about getting in trouble," you are not paranoid enough if you are seriously considering joining your friends for a bit of underage drinking and if you seriously think hanging out with friends who use marijuana is a good idea.

There are only a few ways in South Carolina for you to avoid the risk of getting charged and/or convicted of possession of alcohol and/or consumption of alcohol when you are a minor. One is to drink with your parents at your parents' home. Another is to marry someone who is of legal age and have your legal-aged spouse provide you with alcohol. The third way is to not possess or drink alcohol until you are of age. And do not possess or smoke marijuana at all unless you move to a state that has decriminalized it (although this does not eliminate all risk).

Finally, if my earlier assumption was correct, you might have another problem in drinking or being around friends who smoke - rudeness. The police don't like it much. If stopped by the police and you are rude to them or think mouthing off is funny or smart, you may find any diversion program is no longer available to you. If you are convicted on a misdemeanor charge, you may find your college life (financially and otherwise) changes dramatically.
 

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