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.
Photo by: JosephAdams
Free consultation. Call me: 540.318.5824.
I provide free consultations for traffic tickets and misdemeanors in my area. If I can't help, I'll do my best to connect you with someone who can.
More about possession of marijuana...
- Failure to Appear in Virginia – What to do?
- Shoes and Counterfeit Money Create Crazy Car Chase
- Is Your Lawyer Waiving Your Rights?!
- Can Your Marijuana Charge be Amended to Possession of Paraphernalia?
- If You Were in a Room With People Smoking Marijuana Can You be Charged With Possession?
- What Evidence Does the Commonwealth Need to Convict me of Possession of Marijuana?
- Do I Need An Attorney For my Arraignment?
- Can I Petition to Have Traffic Fines Reduced Even if the Case is Old?
- Can you Move From Virginia to New York if you Have Been Charged With Possession of Marijuana for the First Time?
- What is Delayed Reporting in Virginia?