Can you be found guilty of possession of cannibas ifno drugs/drug paraphanalia were found on your person or property?

UPDATED: Dec 15, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 15, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you be found guilty of possession of cannibas ifno drugs/drug paraphanalia were found on your person or property?

My 17 year old son has pled not guilty to possession of cannibus. He was ticketed at school when the boys locker room smelled of marijuana. The boys were all questioned. A boy was taken immediately to the office for smelling of marijuana and then later my son was taken into office also. The boy had mentioned my son’s name of one of the group of boys that were passing around a pipe. Then later the asst principal detected a “faint” odor of marijuana on my son’s fingertips. No drugs/drug paraphernalia was found on person, back pack or locker.

Asked on December 15, 2011 under Criminal Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether your son can be found guilty of possession of marijuana if no drugs were ever found on his person even though he was ticketed for such seems somewhat remote from what you have written unless some scientific test was taken upon his person to detect traces of a controlled substance.

Even if faint traces were detected, an explanation is that he could have picked up the traces from the public domain just like an ordinary person could by simply touching a railing or a desk. If your son does not have a criminal defense attorney assisting him on the charge, he should retain one.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption