Legal Question in Criminal Law in Guam

Drug Paraphernalia

My boyfriend was stationed on Guam when--name removed--received a ''general discharge'' from the military for smoking marijuana. After being fully outprocessed from the military,--name removed--decided to send his water bongs (through mail) back home--in TN where--name removed--was returning--with the purpose of giving them away as gifts. But--name removed--was stopped by certain officials (exactly whom, I don't know) in Hawaii en route, and was told there was marijuana residue detected in said bongs.--name removed--told them all that I've told you, and even offered them a urine test because--name removed--knew--name removed--was clean. My question is: What should--name removed--expect? Is punishment in order if--name removed--had no intent to use them unlawfully himself? And if punished, which state laws would--name removed--fall under--guam, hawaii, or tennessee?


Asked on 10/28/07, 7:02 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Drug Paraphernalia

Possession of drug paraphernalia is a crime; possession of MJ is a crime. These crimes would be dealt with in Hawaii. These are not crimes of intent, so his purpose in mailing them does not matter. The agency was most likely US Customs. These are not crimes for which extradition would be warranted if the person is not presently in Hawaii.

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Answered on 10/28/07, 11:15 am


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