Legal Question in Criminal Law in Michigan

Re: How much makes possession

I have seen the same fact pattern that you describe more than once. And yes, a small butt is enough to charge. I would need to know more facts, though. Did the other person admit that your son knew nothing of what was in his pack?

And in what community did this happen?

Feel free to call or write...

-Tom

Re: How much makes possession

You've asked some good questions ... ones that I'd expect from the mother of a youth cahrged with such an offense.

I read the first response, but let me give you a "prosecutor's perspective".

The amount of marijuana can be very small before a prosecutor can decide to charge for Possession of Marijuana. I've known of cases where the only amounts were remnant seeds or stems, or even unburnt marijuana in a pipe. I'd say that a prosecutor cannot issue a charge unless there is a "measurable quantity" of the controlled substance. After all, the only way to prove that it WAS marijuana, and not some look-alike non-controlled substance is to test it. Sometimes the testing process uses up the whole amount, but if it tested positive for cannabinoids, then it's chargeable.

But a prosecutor still has to decide if he/she *should* charge, even if the amount is big enough to test positively. That's a discretionary call, and I won't comment on that here, because I don't know the facts, or which office is involved.

Your son has to have "knowlingly possessed" the pot. Those are two important words.

If the vehicle was in your son's possession/control (and it sounds like it was, since he gave consent to search), then the prosecutor could argue that he *constructively possessed* the marijuana, even though it wasn't in his physical possession (pockets, hand, etc.). That's a tough task for all prosecutors, because jurors don't readily understand the concept, but it is a proper legal theory for the prosecutor to argue (oftentimes when the drugs are in the driver's wingspan inside the car).

Issues like how long the pot was there ... where it was located ... whether kids had left/stashed pot in his car before ... whether any containers (baggies, boxes, etc.) had your son's finger prints on them ... whether your son made incriminaring statements, or other kids will say that your son *knew* ... etc are all important to consider. They help prove whether your son *possesed* the drug, and *knew* that he possessed it.

If he constructively possessed it, but didn't know or have reason to know he did, then he isn't guilty of Possession of Marijuana. So, it's not just a simple "drug was found in your car, so you're guilty" analysis.

Your son is probably charged in juvenile court, right? Talk to his attorney to see if Consent Calendar, or Section 7411 probation can be used ... both of which would place him on probation but let the charge be dismissed if he jumps through all the court's probation hoops. Also, beware that some drug charges require the person's driver's license to be suspended.

Re: How much makes possession

You've asked some good questions ... ones that I'd expect from the mother of a youth cahrged with such an offense.

I read the first response, but let me give you a "prosecutor's perspective".

The amount of marijuana can be very small before a prosecutor can decide to charge for Possession of Marijuana. I've known of cases where the only amounts were remnant seeds or stems, or even unburnt marijuana in a pipe. I'd say that a prosecutor cannot issue a charge unless there is a "measurable quantity" of the controlled substance. After all, the only way to prove that it WAS marijuana, and not some look-alike non-controlled substance is to test it. Sometimes the testing process uses up the whole amount, but if it tested positive for cannabinoids, then it's chargeable.

But a prosecutor still has to decide if he/she *should* charge, even if the amount is big enough to test positively. That's a discretionary call, and I won't comment on that here, because I don't know the facts, or which office is involved.

Your son has to have "knowlingly possessed" the pot. Those are two important words.

If the vehicle was in your son's possession/control (and it sounds like it was, since he gave consent to search), then the prosecutor could argue that he *constructively possessed* the marijuana, even though it wasn't in his physical possession (pockets, hand, etc.). That's a tough task for all prosecutors, because jurors don't readily understand the concept, but it is a proper legal theory for the prosecutor to argue (oftentimes when the drugs are in the driver's wingspan inside the car).

Issues like how long the pot was there ... where it was located ... whether kids had left/stashed pot in his car before ... whether any containers (baggies, boxes, etc.) had your son's finger prints on them ... whether your son made incriminating statements, or other kids will say that your son *knew* ... etc are all important to consider. They help prove whether your son *possesed* the drug, and *knew* that he possessed it.

If he constructively possessed it, but didn't know or have reason to know he did, then he isn't guilty of Possession of Marijuana. So, it's not just a simple "drug was found in your car, so you're guilty" analysis.

Your son is probably charged in juvenile court, right? Talk to his attorney to see if Consent Calendar, or Section 7411 probation can be used ... both of which would place him on probation but let the charge be dismissed if he jumps through all the court's probation hoops. Also, beware that some drug charges require the person's driver's license to be suspended.