What charges can be leveled against my 17 yr old child if she admitted to smoking pot but was not in possession of any marijuana or paraphernalia?

UPDATED: Jun 17, 2009

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What charges can be leveled against my 17 yr old child if she admitted to smoking pot but was not in possession of any marijuana or paraphernalia?

My 17 year old admitted to her high school principal that she was smoking marijuana and provided the rolling papers. She did not possess marijuana. She received a 3 day out of school suspension. The principal will turn the pot over to the police. THe child who owned the pot will incriminate my daughter because she provided the papers. The school never confiscated any paraphernalia from my child. The police have no evidence against her except her admission to school and the testimony of the other student who was the owner of the small amount of pot. What steps should I take at this point?

Asked on June 17, 2009 under Criminal Law, Pennsylvania


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

By admitting having smoked marijuana, your daughter admitted having possessed marijuana, and that's something she can be charged with and punished for if found guilty.  I think the next thing you need to do, and as soon as possible, is to speak to a criminal defense attorney in your area.  One place to find a qualified lawyer is our website, http://attorneypages.com

It sounds to me as if, by being truthful with the principal, your daughter was cooperating with authority, and your lawyer might choose an approach like this.  He or she may be able to get your daughter into a pretrial diversion program, that will keep her from having a criminal record as a result of this, if the police press charges.

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