Drug Offenses

Question 1

Define “Marijuana”

Answer 1

Any part of the Cannabis genus plant (growing or not), including seeds or resin, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant/seeds/resin, or any extract containing one or more cannabinoids. Also includes THC isomers, esters, ethers, salts, or salts of isomers/esters/ethers (synthetic forms)

Question 2

What parts/forms of Cannabis are generally excluded from the definition of Marijuana?

Answer 2

• Mature stalks and fiber derived from stalks.
• Oil or cake made from seeds (unless combined with other parts).
• Industrial hemp (less than 0.3% THC) possessed by someone with a valid hemp license (including synthetic)

Question 3

What is legal regarding marijuana possession in a public place for adults (21+)?

Answer 3

An adult (21+) can legally possess one ounce or less on their person or in a public place. The marijuana must be ready for “prompt and immediate use.”

Question 4

What does “on person” mean regarding marijuana possession?

Answer 4

Readily accessible for prompt and immediate use.

Question 5

What does “public place” encompass regarding marijuana possession?

Answer 5

Anywhere the public has access, potentially even visible areas like a front yard. Exception: A private room rented for a meeting.

Question 6

What are the rules for legally cultivating marijuana for personal use?

Answer 6

• Adults (21+) can cultivate up to 4 plants at their main residence.
• Plants must not be visible to the public without optical aids (binoculars, aircraft).
• Precautions must be taken to prevent access by those under 21.
• Must attach a tag: Name, Driver’s License #, Notation “For personal use”. (Failure = $25 fine).

Question 7

Can individuals legally manufacture marijuana concentrate from home-grown plants?

Answer 7

No, adults cannot manufacture concentrate, even from legally cultivated plants.

Question 8

What are the rules for “Adult Sharing” of marijuana?

Answer 8

Adults (21+) can gift one ounce or less to another adult (21+).
Cannot be sold or traded.
Cannot be contingent on a later sale/deal (“gifting schemes” are illegal).
No civil or criminal penalty for compliant adult sharing.

Question 9

What are the restrictions for individuals under 21 regarding marijuana?

Answer 9

Persons under 21 cannot possess, consume, or attempt to possess/consume marijuana.

Question 10

Where is the venue for charging someone under 21 with marijuana possession/consumption?

Answer 10

Where the marijuana was possessed or where the person exhibited signs of being high

Question 11

Is consuming marijuana products while driving legal? What presumption exists?

Answer 11

It is illegal. There is a presumption that marijuana was consumed if an open container is found within the passenger area of a vehicle and the person exhibits characteristics consistent with use.

Question 12

Where does the presumption of consuming marijuana while driving not apply within a vehicle?

Answer 12

The trunk, or the passenger area of a bus, taxi, or limousine.

Question 13

Is it legal to consume marijuana or offer it to another person in a public place?

Answer 13

No, it is illegal.

Question 14

Is it legal to possess or consume marijuana on school grounds? What is the penalty?

Answer 14

No, it is illegal to possess or consume marijuana on elementary or secondary school grounds during school hours or during school/student activities. It is a Class 2 Misdemeanor. Serving it there is also illegal.

Question 15

Is it legal to transport marijuana in a motor vehicle for hire (e.g., delivery service)? Exception?

Answer 15

No, it is illegal, aimed at preventing delivery services. Exception: If carried by a passenger paying the normal rate.

Question 16

Is it legal to possess marijuana in a commercial vehicle? Penalty?

Answer 16

No, it is illegal due to federal reporting requirements. It carries a civil fine.

Question 17

What actions constitute illegal Distribution of Marijuana?

Answer 17

Unlawfully selling, giving, or distributing marijuana; OR possessing marijuana with the intent to sell, give, or distribute it.

Question 18

What is the rebuttable presumption regarding the amount of marijuana possessed?

Answer 18

There is a rebuttable presumption that possessing less than one ounce is for personal use. There is NO presumption that possessing more than one ounce is for distribution

Question 19

Besides quantity, what factors can indicate intent to distribute marijuana?

Answer 19

Packaging (e.g., individual baggies), scales, large sums of cash (esp. specific denominations), defendant not known to use personally, possession of pager/firearm, location (open drug market, known drug route - use cautiously). Totality of circumstances matters.

Question 20

What constitutes Manufacturing Marijuana?

Answer 20

Producing a controlled substance via extraction, chemical synthesis, or a combination. Includes farming (planting, cultivating, growing, harvesting). Key element: Not for the person’s own use.

Question 21

When determining intent to manufacture marijuana, what is more important than the quantity of plants?

Answer 21

How much usable marijuana can be produced. Focus shouldn’t be solely on the number of plants.

Question 22

What are the elements of Possession of a Controlled Substance?

Answer 22

Knowingly AND intentionally possessing a controlled substance without a valid prescription

Question 23

If drugs are found in a car or house, is there a presumption they belong to the owner/occupant?

Answer 23

No, the mere fact they are found there is NOT a presumption of ownership/possession by that person.

Question 24

What is the crime level for possessing Cannabimimetic Agents (Synthetic Marijuana)?

Answer 24

Misdemeanor (as opposed to felony for many other controlled substances).

Question 25

For possession, what two things must the accused know ("Knowingly")?

Answer 25

1. That the substance is present. 2. The character of the substance (i.e., that it is a controlled substance). They don't need to know the exact drug.

Question 26

For possession, what does "Intentionally" mean?

Answer 26

The accused asserts dominion or control over the substance.

Question 27

Define "Possess" in the context of controlled substances.

Answer 27

To exercise dominion or control over the substance, knowing its location and character (that it's a controlled substance). Possession does not have to be exclusive; multiple people can possess the same drugs.

Question 28

How can the prosecution link a person to drugs found in their absence or not in their direct physical control?

Answer 28

* Finding drugs in a place the defendant controls (e.g., their house). * Mail, ID, or personal belongings found near the drugs. Statements made by the defendant. * Conduct (nervousness, attempts to divert search). * Associated evidence (paraphernalia, track marks, identical drugs found on person). * Fingerprints on packaging/containers. * Witness testimony placing them at the location near the time drugs were present.

Question 29

Can multiple people be charged with possessing the same drugs (Joint Possession)? What is needed beyond mere occupancy?

Answer 29

Yes. Occupancy alone is not enough. Need factors like: presence where drugs are commonly kept (e.g., living room table), knowledge of the drug's presence and character, time spent in proximity before discovery.

Question 30

Who has the burden of proof regarding a prescription exception for possessing a controlled substance?

Answer 30

The defendant (D) has the burden of proving they had a valid prescription.

Question 31

Is there a minimum quantity required for a possession charge?

Answer 31

No, there is no limit on how little the amount of the drug can be.

Question 32

What actions constitute illegal Distribution of a Controlled Substance?

Answer 32

Manufacturing, selling, giving, distributing, OR possessing with intent to manufacture, sell, give, or distribute a controlled substance OR an imitation controlled substance.

Question 33

Define "Imitation Controlled Substance" in the context of distribution.

Answer 33

A substance likely mistaken for a controlled substance, OR based on express/implied representations, appears to be a stimulant/depressant not commonly used for other purposes.

Question 34

What is the required mental state for Distribution of a Controlled Substance?

Answer 34

Knowingly and Intentionally. Accused must know of the substance's presence and character (controlled substance), intend to possess it, AND intend to distribute or manufacture it.

Question 35

What are the two ways someone can commit the offense of Distribution to Minors?

Answer 35

1. Distribute Schedule I/II drugs or marijuana to someone under 18 (must be at least a 3-year age gap between distributor and minor). 2. Cause someone under 18 to assist in the distribution of Schedule I/II drugs or marijuana. (Defendant's knowledge of the minor's age is irrelevant).

Question 36

List the specific locations/zones where distributing drugs carries enhanced penalties.

Answer 36

* On school or daycare property. * On publicly accessible property within 1,000 feet of a school or daycare. * On a school bus. * At a public recreation/community center or public library. * On state facility property. * On publicly accessible property within 1,000 feet of a state facility. * At a bus stop on publicly accessible property within 1,000 feet, during pick-up or drop-off times.

Question 37

Does the actual distribution have to take place at one of the specially protected locations for the enhanced penalty to apply?

Answer 37

No, the enhanced penalty can apply even if driving by one of these locations during the distribution. Each drug distributed is a separate felony.

Question 38

What is illegal regarding delivering items to prisoners or committed persons?

Answer 38

Delivering drugs, firearms, or explosives.

Question 39

What are the two specific drug-related felonies that can be committed by prisoners mentioned in the notes? What is the crime level?

Answer 39

1. Procuring, selling, secreting, or possessing any chemical compound not lawfully received (Higher felony). 2. Procuring, selling, secreting, or possessing a Schedule III controlled substance or marijuana.

Question 40

What are the two options for charging someone regarding Drug Paraphernalia?

Answer 40

**Option 1**: Sells or possesses with intent to sell paraphernalia, knowing (or should know) it will be used for drugs. (No simple possession under this option). **Option 2**: Possesses or distributes specific items like needles, gelatin capsules, etc. (Does not include smoking devices).

Question 41

What constitutes the offense of Inhaling Drugs or Noxious Chemicals?

Answer 41

Smelling or inhaling drugs or noxious chemical substances with the specific intent to become intoxicated, excited, stupefied, or to dull the brain or nervous system.

Question 42

How can someone illegally Obtain a Controlled Substance by Fraud, Deceit, or Forgery?

Answer 42

Using fraud, deceit, concealment of fact (like not telling a doctor about a prior Rx from another doctor), or using a false name or address to obtain drugs/prescriptio

Question 43

What actions constitute the offense of Defeating a Drug and Alcohol Screening Test?

Answer 43

* Giving/selling human urine to defeat a test. * Attempting to defeat a test using a substance/device. * Adulterating a sample with intent to defraud the test.

Question 44

Key Point Review: What is the definition of Marijuana (including what's generally excluded)?

Answer 44

Any part of Cannabis plant/seeds/resin/extracts/compounds containing cannabinoids, including THC isomers/salts etc. Excludes: mature stalks/fiber, seed oil/cake (unless combined), licensed industrial hemp (<0.3% THC)

Question 45

Key Point Review: What are the key presumptions regarding marijuana possession amounts?

Answer 45

* Rebuttable Presumption: Less than 1 ounce is for personal use. * NO Presumption: More than 1 ounce is for distribution (must prove intent via other factors).

Question 46

Key Point Review: Name several "certain locations" where drug distribution leads to enhanced penalties

Answer 46

School/daycare property (or within 1000ft public prop.), school bus, public rec center/library, state facility (or within 1000ft public prop.), bus stop (within 1000ft public prop. during certain times).

Question 47

Key Point Review: What are the two ways distribution to minors occurs? Is knowledge of age required?

Answer 47

1) Distribute Sch I/II/marijuana to under 18 (min 3 yr age gap). 2) Cause under 18 to assist distribution. Knowledge of minor's age is irrelevant.

Question 48

Key Point Review: What are the core elements of drug Possession? (Mental states + act)

Answer 48

Knowingly (know presence & character of substance) AND Intentionally (dominion/control) possess a controlled substance without a prescription.

Question 49

Key Point Review: When multiple defendants are in a car with drugs, what must be analyzed for each?

Answer 49

For each person: Did they knowingly (aware of presence & character) and intentionally (exercise dominion/control) possess the drugs? Mere presence isn't enough; link each person individually (proximity, statements, conduct, ownership of area/container, etc.).

Question 50

Scenario: A drummer in a band asks for pain medicine for a headache. Someone gives him a pill. He takes it, knowing it's some kind of pain medication (a controlled substance) but not exactly which one. Does he meet the "knowingly" element for possession?

Answer 50

Yes. According to the notes, the "knowingly" element requires knowing the substance is present and knowing its character (i.e., it's a controlled substance). He doesn't need to know the specific drug name, just that it was a controlled substance (pain medicine).

Question 51

Scenario: Police find a defendant with 20 heroin capsules. Testimony establishes that typical users consume no more than 5 capsules per day. How is this relevant to proving intent to distribute?

Answer 51

This disparity between the amount possessed (20 capsules) and typical personal use (<=5 capsules/day) supports an inference that the possession was not solely for personal use, but rather with the intent to distribute. It's a key factor beyond just quantity.

Question 52

Scenario: Police raid a house known for drug activity (22 visitors in an hour). Inside, they find drugs, along with mail and a wallet belonging to Defendant A. However, there's no evidence placing Defendant A in the house during the visitor traffic or recently. Is finding his mail/wallet enough to prove possession?

Answer 52

Based on the example, likely no. Without evidence that Defendant A was present during the activity, or other proof showing he exercised control over the drugs specifically (not just the house generally at some point in the past), the mail/wallet alone was deemed insufficient to prove he knowingly and intentionally possessed those drugs.

Question 53

Scenario: Drugs are found in a house search. Police also find clothes that might fit Defendant B, his expired driver's license, and an old lease. Defendant B proves he moved out some time ago. Why might this evidence be insufficient for a possession conviction?

Answer 53

The links are too weak and outdated according to the example. The expired license and old lease don't establish current control. Clothes could fit multiple people. Crucially, no one could place Defendant B in the house any time near when the drugs were actually there. Need proof of control/dominion over the drugs at the relevant time.

Question 54

Scenario: Police respond to a forced entry (ADT alarm) at Girlfriend's home. Inside, they find drugs and Boyfriend's ID. Boyfriend claims a burglar must have broken in and left the drugs/ID. Why is this defense often viewed skeptically?

Answer 54

The example suggests it's unlikely a transient person (like a burglar) would leave items of significant value (drugs, potentially money) behind in a place they don't control. Circumstantial evidence points more strongly towards the items belonging to someone associated with the premises (the Boyfriend).

Question 55

Scenario: Defendant is a passenger in a taxi, acting nervously, shifting, and leaning over during a stop. Police search the taxi (not the defendant's bag) and find drugs and a gun near where the defendant was sitting. Who is likely deemed to possess these items and why?

Answer 55

The passenger (Defendant). The combination of nervous conduct, proximity to the items, and the unlikelihood a cab driver would leave a weapon accessible to a passenger creates a strong inference that the passenger was exercising dominion and control (possession) over the drugs and gun.

Question 56

Scenario: Police search an apartment shared by Roommate A and Roommate B. Drugs are found on the living room table (a common area). Roommate A was present and knew the substance was drugs. Can Roommate A be charged with possession, even if the drugs might also belong to Roommate B?

Answer 56

Yes, potentially as joint possession. Mere occupancy isn't enough, but the example indicates that presence in a common area where drugs are located, combined with knowing the substance's presence and character, is sufficient evidence to charge Roommate A (along with Roommate B, potentially).

Question 57

Scenario: Defendant C brings a pair of pants into jail for an inmate. Police discover drugs sewn into the seams. Why might Defendant C argue they did not "possess" the drugs?

Answer 57

Defendant C could argue they lacked the required mental state: "knowingly." If Defendant C genuinely did not know the drugs were hidden inside the pants, they did not "consciously possess it with knowledge of [its] nature and character," and therefore might not be guilty of possession or distribution. The prosecution would need to prove C knew the drugs were there.