My son was charged with possession of less than an ounce of marijuana, however, did not have possession of any. He admitted to being high but had no drugs on him. Can he be charged?
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i don’t think you can be charged unless you have it in your possession.
If he was charged, obviously he can be.
Depends on which country he was in. Your his dad don’t you know?
no he cant,they need the evidence,but they can charge him with public intoxication if he was in a skool or in public…
Were you there with him when this happened? If he’s telling you he didn’t have any on him, yet he is being charged with possession, it’s obvious he had some on him. Possession is a pretty self-explanatory term, and it doesn’t mean “being high”…it means it was with him at the time.
The laws regarding this matter are quite ambiguous in most nations.
I’m pretty sure however, that you can’t be charged just for being high. Not even if you’re a minor.
On the other hand, you could of course argue that to be high, he had to consume it in the first place, and to consume it, he had to possess it. I’m not sure on whether that would hold up in court, but you can see where this is going.
In your situation, I’d advise him to be cooperative and to show regret. Also, what seems to be self-evident, but I’ll spell it out anyway, he can NOT smoke it again as long as this isn’t completely over, as he might have to subject to a drug screening.
But if he tells them what they want to hear, there will most probably be no further consequences.