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My stepdaughter and two friends were stopped by police in her car. She was the driver. One passenger had pot and a pipe on his person. She had only a pipe. They both were charged with posession of drug paraphinalia AND marijuana, but she did not have the marijuana on her person, he did. How can this be?

2006-09-30 08:30:13 · 5 answers · asked by Jim C 5 in Politics & Government Law Enforcement & Police

This occurred in Athens County, Ohio.

2006-09-30 08:30:44 · update #1

5 answers

In many states if one person in a group of people, esp if the drug is in the car, they are all charged with its possession,
And the driver of the car is always charged with it,

Under laws like this, and Ohio is just one of many that has this law. The fact that they were together in the car with the drug, then both can be charged.

Had she not had a pipe ( wish would most likely have residue on it, and it will be tested most likely) this proves that she uses and would be considered party to the possession.

An attorney can try and show she had no knowledge of the drug but it will be up to the court ( judge or jury) to decide.

But yes this would be correct , esp in an election year for DA and judges, to do the charge

2006-09-30 09:08:40 · answer #1 · answered by Anonymous · 2 1

Because she was the driver she took responsibility for heself and all others in the car. Otherwise known as guilt by association.

2006-09-30 15:32:46 · answer #2 · answered by jerofjungle 5 · 0 0

Your daughter was in possession of drug paraphernalia which is a misdemeanor.
Meaning it was illegal for her to have a pipe.

2006-09-30 22:36:51 · answer #3 · answered by shaneh235 2 · 0 0

Perfect example of why marijiuana should be legal! I do not smoke, but why put innocent kids in jail? It should not be taxed because it grows wild, just legal!
Why do people go to jail over a legal weed?

2006-10-01 02:04:19 · answer #4 · answered by kay w 3 · 1 1

and did u ask her if the pipe had rests of pot? if so she carried too.

2006-09-30 18:56:43 · answer #5 · answered by Anonymous · 0 0

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