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Drug charges (marijuana/drug paraphernalia). 19 in Kentucky

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  • Drug charges (marijuana/drug paraphernalia). 19 in Kentucky

    This question is long, but I think it's important in order to understand my situation

    Hey everyone, I am a 19 year old college student from Kentucky.
    Last night I came back to my dorm room (no roommate) after smoking marijuana to find that officers were searching my room. The following was taken directly from the "Uniform Citation" that I received from the officers.

    Possession of Drug Paraphernalia-1st offense

    Possession of Marijuana- 1st offense

    Post-Arrest Complaint...

    --- Police responded to the above listed location after housing staff discovered suspected marijuana/drug paraphernalia in the room as they were checking smoke detectors in each room. Upon arrival at the above listed location officers could observe in plain view multiple types of common drug paraphernalia and also smelled the suspected odor of marijuana. Devices such as marijuana grinders w/ residue, papers w/ residue, makeshift tube fillers, vaporizers w/tubing, and suspected marijuana were found. The above subject was advised his rights and advised officers about smoking marijuana approximately 45 minutes prior to our arrival in a vehicle with friends. Above subject smelled strongly of marijuana.---


    I gave the officers everything that I knew of in the room and consented to a personal search (which they did not conduct... only a pat down). I was really high at the time because I had just finished smoking earlier. I did not have any marijuana in my room, but the officers said that the residue would be enough to charge me with possession.

    All in all, this is what I saw them take

    Approximately 36 empty liquor bottles

    1 marijuana vaporizer with tubing (used but cleaned)

    1 marijuana grinder with pipe attachment (never smoked marijuana in it but I had used it to grind marijuana)

    3 spoons

    1 candle

    ---

    I also gave them a pipe from my car as well as a large ball of resin that I had found while retrieving the pipe, although none of that was on the citation. Part of the pipe was lost and the police officer told me that he wasn't worried about it and that if I found it the best option would be to dispose of it (which I have).

    Everything that happened followed university policy, and I was compliant with the officers and housing staff in every way.

    The only thing that I found in university policy that might be of any help would be this

    ----

    Students residing in university-owned housing
    shall be free from unreasonable search
    and seizure. Before entry, the resident must
    be informed of the reason(s) for entry, except
    in cases involving the protection of health
    and property.

    ----

    My questions.

    Can the officers charge me with possession of marijuana even though the only actual marijuana "found" was residue on the paraphernalia?

    I have a set court date that I will attend. Should I ask for a public defender? I cannot afford a lawyer, and I do not want to involve my parents in any way.

    Although all procedures were followed by the university staff, because I was not informed of the reasons for entry. Do I have any chance of having the charges dropped? Neither drugs or drug paraphernalia are allowed on campus, and the university did have the right to conduct a standard room check. Should I have been notified before the police were allowed into my room?

    The room had been checked and cleared earlier that week by an RA after my roommate had moved out (liquor bottles had belonged to him, officers dropped charges related to having the containers), the smoke detector in question was working and had not been tampered with in any way, and I have never smoked marijuana in the dorm or any campus facility. At no point during the day did I ever drive any vehicles.

    I did admit to smoking marijuana to the officers, and during the search I was asked to sign my name on a sheet that was supposed to inform me of my rights. Part of the (contract/sheet?) stated that if I signed the sheet I understood my rights and I was not currently under the influence on drugs and/or alcohol... which the officers clearly knew I was.

    I was arrested for shoplifting when I was 15, but I completed the program for minors in Kentucky and to my knowledge it is no longer part of my record.

    I am in good-standing with the university with a good GPA, and I have not been in trouble for anything else since coming to the university. I do not believe that my actions were harmful to any of my peers. I have smoked marijuana on a day to day basis for over a year now. I am quitting until I understand exactly what will happen. My court date is 2 weeks away.

    I am more concerned with having the possession of marijuana dropped, than dealing with university policy at the moment. The officers said that the judge would see the exact same citation as shown above. The officers confronted me when I entered the room and asked me where the marijuana was and I told them that there was none left. Honestly, there was nothing left in the room or on my person. We had just finished everything.


    ....

  • #2
    Drug charges. 19 year old college student (Kentucky)

    I'm sorry if that last part seemed jumbled, I'm just trying to let everyone know exactly what happened

    Serious advice, questions, and stories of similar situations are appreciated.

    Comment


    • #3
      Re: Drug charges (marijuana/drug paraphernalia). 19 in Kentucky

      In the State of Kentucky possession of paraphernalia is an offense. In your case, the officer can prove the charge of paraphernalia from the residue and other materials found by him during the course of the search conducted. Further in case of offense of possession of marijuana it is required to show by the prosecution that the accused was possessing marijuana. However, the punishment for the first offense for possession of marijuana less than 8 oz OR for possession of paraphernalia is incarceration 1 year and fine $500. You can also request for free legal aid. You will be asked a few questions by the legal aid authorities. These questions will be asked to determine if you are eligible or not for the free legal aid. If you like, you can also be self represented in your case.

      AFF

      Comment


      • #4
        Originally posted by AFFA View Post
        In the State of Kentucky possession of paraphernalia is an offense. In your case, the officer can prove the charge of paraphernalia from the residue and other materials found by him during the course of the search conducted. Further in case of offense of possession of marijuana it is required to show by the prosecution that the accused was possessing marijuana. However, the punishment for the first offense for possession of marijuana less than 8 oz OR for possession of paraphernalia is incarceration 1 year and fine $500. You can also request for free legal aid. You will be asked a few questions by the legal aid authorities. These questions will be asked to determine if you are eligible or not for the free legal aid. If you like, you can also be self represented in your case.

        AFF
        I was wondering the outcome of your case? I have the same charge and I'm worried sick that I will get any kind of jail time!

        Comment


        • #5
          Re: Drug charges (marijuana/drug paraphernalia). 19 in Kentucky

          OP is long gone in all likelihood. This thread is over 4 years old. Please start your own thread if you have a question. Necro posting is frowned on as it wastes the time of every member that must sort through it. Please give all details without giving names, more than your state which we need, or any admission of guilt.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment

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