My son was charged by the school with possesssion of pot and drug perfinala. he had a home smoking device with a lil resin
Atlanta, GA |
in it. when i looked at it i could see straight thru it. there was nothing there that you could lite and smoke. i fell that he should only be charged with perfinalla. i am i right r wrong. we live in cumming ga.
Law enforcement can make an arrest for small amounts even negligible amounts of controlled substances. These are usually called trace cases.
The standard is whether or not a certified Lab can test the paraphernalia and testify under oath that a substance was found on the paraphernalia that was controlled for example positive for cannabis.
As long as there is enough residue to scrape off and test, he can be charged with possession (there is no minimum amount in the possession statute). Depending on the facts of the case, a lawyer may be able to get a better resolution to this case so finding a lawyer for your son should be your first priority.
Sir, I often tell people that the State has truly awesome powers to charge people with crimes. The power of the State is daunting but not absolute. Judges and juries make final decisions. Now, the law of possession in this case allows for very slight amounts. If a forensic expert can testify to even a trace amount of marijuana, that can sustain a conviction. The State is often flexible depending on your son's prior criminal history (if any) as well as the particular facts and circumstances of the arrest. I hope you find this helpful.
Yes, he can be charged with residue. However, there may be some defenses to this charge. It may be that there is a search and seizure issue involved in the case. It may simply come from the legal definition of possession. Attorneys are trained in the law and will be able to recognize any defenses he may have. Moreover, attorneys are skilled in the art of negotiation. An attorney may be able to get the marijuana charged dismissed, even if there is no defense to the case.