Possession w/ intent

[scylentbob]

California
I am living in a dorm building in a college and my room was recently searched. They found quite a bunch of stuff, kind of my fault for being a packrat. My roommate and I had a few old pipes, a whole pile of old used baggies, and we had about 5 grams in little baggies. I know that could constitute intent, but it is a slippery slope, is it not? I don't sell weed to anyone, I need it for my own health problems(As it turns out, I do not have a VALID doctor's prescription for marijuana). The police responded to the incident later in the morning and we went through the usual questioning process. We were not formally charged/mirandized, whatever. they questioned us for awhile and left us their number to turn us into snitches. What actions should I anticipate from the local PD? They seemed only to want to know if we knew any big fish. Also the fact that I have sleeping disorders and nervous disorders would qualify me as a patient as long as I get a valid prescription. In another case, the college has taken actions to remove me and my roommate from campus for any reason for an "interim period." Although schools have their own policies, is there a violation of my rights when they remove me from campus without regard to my safety? We have no place to stay, no family to help us and no money to get a hotel or anything. Also, is it 'running' if I move back to my previous residence, LA? I have not decided to run from this incident; however, I have recently decided I am not performing academically to my own hopes since I started college and that I will withdraw from this semester and move home.

 

[seniorjudge]

California
I am living in a dorm building in a college and my room was recently searched. They found quite a bunch of stuff, kind of my fault for being a packrat. My roommate and I had a few old pipes, a whole pile of old used baggies, and we had about 5 grams in little baggies. I know that could constitute intent, but it is a slippery slope, is it not? I don't sell weed to anyone, I need it for my own health problems(As it turns out, I do not have a VALID doctor's prescription for marijuana). The police responded to the incident later in the morning and we went through the usual questioning process. We were not formally charged/mirandized, whatever. they questioned us for awhile and left us their number to turn us into snitches. What actions should I anticipate from the local PD? They seemed only to want to know if we knew any big fish. Also the fact that I have sleeping disorders and nervous disorders would qualify me as a patient as long as I get a valid prescription. In another case, the college has taken actions to remove me and my roommate from campus for any reason for an "interim period." Although schools have their own policies, is there a violation of my rights when they remove me from campus without regard to my safety? We have no place to stay, no family to help us and no money to get a hotel or anything. Also, is it 'running' if I move back to my previous residence, LA? I have not decided to run from this incident; however, I have recently decided I am not performing academically to my own hopes since I started college and that I will withdraw from this semester and move home.

What is your legal question?

 

[CdwJava]

If you aren't facing criminal charges, then going home isn't a crime. Missing a court date could be. And if you had packaged dope in your dorm, chances are good that charges are pending.

The school can remove you as they see fit, and as their policies allow (within the law). Being found in possession of drugs and paraphernalia in school housing would seem adequate cause for your removal to me.

- Carl

 

[calatty]

You have to have the doctor's certification before you get the marijuana, not once you're caught with the marijuana. You could be charged with possession of under 28.5 grams, which is a misdemeanor. You might be charged with possession with intent to sell, which is a felony. You might also be charged with misdemeanor possession of paraphernalia. Or you might not be charged at all.

Whether you should take some time out and go home is a separate, non-legal question. If you do that, you still have to come back to wherever you are to go to court. If you are spending more time smoking pot than concentrating on your studies, then maybe you aren't getting the most out of your college experience and need to cool out at home for a semester or two. You only get to do college once.

Of course it's not a violation of your rights to kick you off campus. You broke the rules and, at over 18, you are an adult capable of providing for your needs.