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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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