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

UPDATED: Jul 1, 2012

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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


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 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.

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.

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