Does the offense "Criminal Possession of Marijuana" include drug paraphernalia?

Question

What I am asking here is, when you are charged with "Criminal Possession of Marijuana"(CPM) in QueensNY, does that include Drug Paraphernalia(DP) or is it a different charge altogether?

I had no weed, my friend did(less then 25g), but we were in the car together. A officer mentioned drug paraphernalia, but I didn't clearly hear him. On my Desk Appearance Ticket it says c/p/m, which should be criminal possession of marijuana. It says nothing about DP. Its ONE charge.

The "probable cause" for the officers to stop and search me was because the car windows were fogged up due to the cold weather and me and my friend talking.

I had no weed, my friend has 2 g of weed and a pipe. They unlocked my glove compartment and found my pipe. Basically, all I had was a glass pipe, with residue, but surely not enough residue for a CPM, it should be considered Unlawful PM.

Me: Pipe with residue
Friend: Pipe with residue, 2 g of weed.
Offense: CPM.

Why CPM, and not DP or UPM. Is this an error?

Would this help me get my case dismissed, if DP is not the DAT, so they didnt charge me with that, which means, the CPM charge would be the only thing standing in my way, but the CPM charge itself doesnt have enough evidence.

Answer 1

What's with all the initials....Come on....the windows were fogged because you were smoking a dube. You didn't clearly hear him because you were stoned. I will use your terms. CPM and DP are two different charges. If you didn't get hit with the DP stop complaining or looking for an "error". Go to court, pay your fine and stop smoking in your car. You may get tempted to drive while you are stoned and get in real trouble.

Answer 2

If it was in your car, it was in your possession. If two of you were in the car, it was possession by both of you. Residue is marijuana, and two grams, though a small amount, is ample for a possession charge. The paraphenalia charge could be added on.