How can I be charged with less than an ounce of marijuana if I was not holding?

My friends and I were out smoking weed. The cops came and searched all of us. Actually, 2 of my friends brought weed but I did not. After searching me and finding nothing I was let go buy when I got my court papers it said I was being charged with less than an ounce of marijuana. I was under the influence but still, how can they charge me if I was not holding? And will this hold up in court

Asked on July 1, 2012 under Criminal Law, Oregon

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

By law, you are not to be in possession physically (on your person or within the constructive vicinity), or be under the influence of marijuana (this can still be considered possession/consumption) because it is an illegal substance unless you have a legal prescription or authority to possess it. You will want to avoid having this on your criminal record so I would advise you to consult a criminal defense attorney in your area to find ways to either have this matter dismissed, or to have this charge reduced to a deferred sentence to avoid a criminal conviction.


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