MD laws & paraphernalia

[jyftz]

...

[Samuel]

In November an acquaintance of mine was pulled over due to a insurance violation, after the officer took my friend's license & registration an additional officer arrived with a k9. The officer with the k9 walked the dog around my friend's car and hit on something. They searched my friend's car for 45 minutes and found a bong with no visible residue, it is my understanding that the bong had been used maybe once or twice. There was no marijuana in the car. The officer confiscated the bong but gave my friend no paperwork regarding the confiscation and told my friend that he would be receiving a citation in the mail for it. He gave my friend a warning for failing to display his registration card. Two days ago the same officer was at my friend's house with a summons for court, I looked up the charge on the MD judiciary case search and it shows that my friend is being charged for possession of paraphernalia AND possession of marijuana.
I was a witness to the traffic stop, my friend called me when the officer said he had an insurance violation, because he did not think he would be able to drive his car home.
Can someone please explain to me how he is being charged for a marijuana possession?:confused:

IF the officer who charged your friend with the violation is a member here on RP, THEN you might get an answer. OTHERWISE, you need to ask that particular officer.

NEXT!

[jyftz]

unfortunately, I don't believe I have the option of asking that officer. That is why I am on here... clearly I am ignorant to what constitutes a possession charge... could a bong with residue from only one use be a possession charge?
How is that not "multiplicity?"

[Roger Dat]

If the officer charged him with it he had enough residue to make the charge based of what he confiscated. If your friend didnt smoke pot he woldnt be in this mess now wouldnt he. See..... problem solved.

[jyftz]

Is it the residue in the bong that makes a bong illegal or is a clean bong illegal also?

[Kimble]

Is it the residue in the bong that makes a bong illegal or is a clean bong illegal also?

Bongs are often told in various stores and advertised as being used for tobacco. It the marijuana residue in it that makes it (and your friend's possession of the bong) illegal.

As said above, if your friend doesn't want to be in trouble, he should brake the law. Everyone knows marijuana is illegal, so if you smoke it and get caught, you pay the consequences.

[jyftz]

You're preaching to the choir.

Is it not standard procedure to issue a citation or any kind of paperwork when an item like that is confiscated?

[Curt581]

If you're looking for procedural loopholes for your 'friend' to use as a defense, you won't find any here. Questions like "Is it not standard procedure blah blah blah..." are a dead giveaway.

Some places it is, some places it's not. Some places it IS standard procedure, but NOT an absolute legal requirement.

Google "Ask-A-Lawyer".

[jyftz]

deleting this account right now.

thanks for the warm welcome.

[Roger Dat]

Yeah let me give you a reciept for that illegal item I took off you. You do get a reciept. Its called a copy of the evidence report for your lawyer.