CanI be charged for smelling like “herbal incense” fake weed?

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CanI be charged for smelling like “herbal incense” fake weed?

Last night 2 police officers entered my dorms at school telling me they smelled weed. I told them it was a spice called “Euphoria” that I had purchased at a head shop. They said since it said not for human consumption I could be charged with abusing a substance. However they never caught me smoking it or did I have anything to smoke it out off. All they found was the actually spice. They took it with them and said they’d call me back. If I smoked off campus can they charge me for anything or even prove I ever smoked it?

Asked on February 17, 2011 under Criminal Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the thing:  generally speaking Police officers are entitled to use their senses to establish probable cause to search in cases like these.  When you say that "they entered" your dorm room what does that mean?  Why were they in the building?  If owning the spice is not illegal or can be legally viewed as an indication that you were smoking it without more - the devices that are needed - then you may be in the clear here.  If they can not prove that you smoked it in your dorm room how are they going to prove that you smoked it off campus?  This is a wait and see situation.  If they bust you then get a lawyer. 


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