Is having marijuana in your system illegal?

Asked over 3 years ago - Syracuse, NY

I had never had encounters with the police, but my friends was send to rehab by his probation officer. His officer found text messages on his cell phone. Me and him were talking about marijuana. Can the police come to my house and search me? Ask me to take a drug test? PLZ answer all the questions

Attorney answers (2)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . They need probable cause for both?

  2. Scott Andrew Wineberg

    Contributor Level 14

    Answered . Whether there was enough in the text messages would have to rise to the level of "probable cause" for them to get a search warrant for your home. Talking/texting about getting high isn't enough, but if you talk about your stash that may be a different story. You do not have to and should not consent to a search in the unlikely event the police show up without a warrant. If you've got something you don't want to be caught with, get rid of it. For them to make you take a drug test (as opposed to a breathalyzer on a MIP case) they would have to basically stop you while driving on "reasonable suspicion" of operating a motor vehicle under the influence. Your friend is in a different situation because, as you say, he is already on probation so a different set of rules apply to him.

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