Legal Question in Criminal Law in Michigan

My teenage son was contacted via facebook. A 'friend' of his asked if my son wanted to buy a 1/4 oz of weed. My son responded asking how much (most people would want to know especially if they don't do drugs) The 'friend' responded with the price. My son said I don't know, I'm broke until Friday I'll talk to you tomorrow. The next day in the bathroom at school the 'friend' pulls out the weed. Another person witnessed this. My son looked at it but that was all. He did not touch it. My son went to school with no cash, no wallet, a cell phone and an ATM card. He was searched, humiliated...etc. The assistant principal saw the texts where the 'friend' made the offer and my son rather than simply say no, said no in a round about way. I have printed out the conversation indicating this. I have locked his facebook account so he has no access to it. I took him in for a 7 panel drug screen. I gave this to his coach, and have one for the school. The assistant principal questioned my son for 3 hours, and told him that his phone, computer etc could all be subpoenad. She said "unfortunately I don't have enough proof to do anything". My son has a good name at school.
Is she correct in stating that he could be charged with intent to purchase despite having no money, no yes answer and no way to get money?

Asked on 10/09/13, 10:03 pm

Timothy Klisz Klisz Law Office, PLLC

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I think the facts make out an attempt to possess drugs, but its really up to the prosecutor to decide.

Answered on 10/11/13, 1:35 pm

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