This argument is similar to the one about only having a little bit of marijuana. Many people tell me that all the officer found was a bowl or a grinder or a pipe; that the police didn’t actually find marijuana. However, this is ignoring what’s basically microscopic marijuana in the bowl or grinder or pipe.
If you use the bowl, most likely there is going to be some residue left behind from the marijuana. When the officer finds something that he recognizes to be some type of marijuana device, he seizes it and he will perform a field analysis on it to see if there’s any marijuana residue. That residue alone is enough to charge you with possession of marijuana. As we discussed before, there’s not a specific amount they have to prove. Even just a little bit of marijuana is enough to charge you with possession.
With that said, if the device is brand new and there’s no marijuana residue in it, then we have a great argument that you’re not actually guilty of possession of marijuana. You would probably be guilty of possession of controlled drug paraphernalia; however, that’s a charge where there’s no license suspension. It’s a much better offense many for many people to swallow.
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