Juvenile Marijuana Possession- salvia related

[bakersdozen]

What is the name of your state (only U.S. law)? New Jersey (where crime occured)

So, I need an assessment of this situation. I am 15 years old, and in two weeks I will be tried for juvenile marijuana possession under 50 grams, and possession of two glass pipes (one containing marijuana resin). However, this situation needs explanation, please here me out.

Friends A and B came down the shore with me for a week. Friend A brought a small gram of marijuana with him. We all went to AC, and I brought a carry bag for my sunglasses and phone. My friends had no pockets in their swimsuits. Friend A purchased a bubbler and salvia from a general store, while friend B purchased another bubbler. I adamantly stated that I was not interested in purchasing salvia or any paraphernalia, and my friends will reiterate this in court. However, without pockets, friends A and B placed their gram bag, salvia, and two pipes in my bag.

They smoked a small amount of marijuana in one of the bubblers, while I did not. They will confirm this. After this, they packed the marijuana-resin filled bubbler with salvia and continued to smoke that. I did not partake. They went to sit down on a cameroon boat out by the dunes (this took place in Ventnor). I followed. I was slightly distanced from the two smoking, but I sat down with them on the cameroon and placed my bag on the ground about 5 feet to my left. As friend B was smoking the salvia, a police officer approached us and confiscated friend B's resin-stained, salvia filled pipe. The officer told us that that the pipe reeked of marijuana (which is questionable, because the pipe had been cleaned out and water and it was not considerably resined up, and freshly smoked salvia was in the pipe). Friend A told the officer it was legal substances and produced the salvia to show him. The officer pretended to not know what salvia was and was convinced it was marijuana. Three other officers came and we were frisked, without consent (although I'm not quite sure that this requires consent). I had nothing in my possession, but the officer began to search my bag (containing the illegal material) and I told the officer "excuse me sir, I do not consent to any searches). I did this out of my own fear of the impending situation. The officer laughed and gave me some response about my "law school bull****" and found the marijuana and other pipe (friend A's pipe was already taken).

So I have court in two weeks, and I'm just wondering about my case. Is there any chance the evidence can ben thrown out? Because salvia is legal and I guess the officer considered the pipe or salvia "probable cause" to search us. However, I'm most worried about the marijuana and pipe in MY bag, since I was out of the situation the ENTIRE time and my friends will attest to it that I was not the one purchasing the marijuana, smoking the marijuana, and purchasing or smoking the salvia. Friend A (who had purchased the marijuana, a pipe, and chipped in for the salvia) did not have anything on him and was not holding the pipe when the officer came, nor was the bag his. Friend B chipped in for the salvia and was holding the resin-filled pipe when the police came. I'm just wondering, what options do I have with this situation? Or what advice can you give me? Thanks.

 

[StevenJ_420Law]

A little bit of bad news ...

Your case would be a little more interesting in terms of a possible precedent if the first pipe didnt have MJ resin - that the officer could smell. MJ resin that the officer could smell will be possession of MJ and that will create the probable cause.

Youre not going to be facing any charges for the clean bubblers or salvia.. but it doesnt really matter since under 50 g is the same charge and you were in possession.. and some of the pipes did have resin in them, so they are drug paraphernalia.

Possession is possession. It is illegal for you to carry your friends buds and mj pipes. Not smoking MJ is a defense against, for example, a DUI MJ charge.. but not a possession charge.

A lawyer could explore potential challenges .. if the officer made an mistake of law for example.. but since there was resin and you were in possession, this one sounds pretty rough for you. Your friends admitting a bunch of things will just help the state vs them and you.

Someone familiar with NJ will help you with what you are looking at. Hopefully you can get out from under this with a diversion program and a few drug classes, etc.. plus some money of course. Surely at a minimum, your parents are going to be out a good chunk of cash - on the hook for your lawyer, plus fine, plus probation, plus classes plus drug test fee, and maybe paying for your incarceration etc.

 

[bakersdozen]

Thank you, that news kind of sucks though considering both my parents are unemployed.

Also, another question. Will I be charged with paraphernalia if one of my friends admits that the resin-stained bubbler was his, and it was not in my bag, nor in my hand when the police came? I had a completely clean bubbler in my bag.

 

[stealth2]

Surely at a minimum, your parents are going to be out a good chunk of cash - on the hook for your lawyer, plus fine, plus probation, plus classes plus drug test fee, and maybe paying for your incarceration etc.

Or... they could make kiddo pay/her own expenses - in either cash or kind.

 

[StevenJ_420Law]

Thank you, that news kind of sucks though considering both my parents are unemployed.

Also, another question. Will I be charged with paraphernalia if one of my friends admits that the resin-stained bubbler was his, and it was not in my bag, nor in my hand when the police came? I had a completely clean bubbler in my bag.

I think if they are clean they are ok.. but I could be wrong. You might google your states laws. Either way, i dont think it will matter much in terms of the overall case.