Legal Question in Criminal Law in Michigan

marijuana use

I was in my friends room a few days ago. Shortly after I arrived the police knocked on the door saying that there was a smell of marijuana coming from the room and my friend had to let them in. The police searched my person and found nothing as I didn't have anything illegal on me. They did find my friends small bong and a pop bottle used to smoke as well as a small bag of seeds and stems in his desk. I didn't say anything as i know better than to risk incriminating myself. They didnt arrest us as we were on campus and that usually means a meeting with the Dean but they have been known to press charges as well. My question is that because I had nothing on me could they charge me with anything? How can they prove in court that I smoked? I'm already on probation and have to take a urine test every month which is coming up shortly. I will pass the test so isn't that enough to get any possible charge thrown out?

1. Not my room, not my paraphernalia.

2. Nothing illegal in my posession.

3. A clean urine test only about a week and a half since the incedent.


Asked on 3/12/07, 8:39 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: marijuana use

It's unlikely that you would be charged unless the police can convince a prosecutor that you were in possession or control of the marijuana or the paraphernalia, i.e it doesn't have to be yours.

You might consider the investment you (or your parents) have in your education since the dean could expel you for violating your probation.

William Morrison

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Answered on 3/12/07, 10:31 pm


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