Articles Tagged with marijuana

This week, the Harford County State’s Attorney’s Office dismissed all criminal charges against our client after the entirety of their evidence—incriminating statements coupled with the recovery of more than twelve pounds of cannabis and a loaded firearm—was suppressed by Circuit Court Judge Richard S. Bernhardt, following a three-hour suppression hearing held earlier this year.

In February 2023, our client was driving a rental car with California license plates and tinted windows when he was pulled over on I-95 for allegedly committing two traffic violations: (i) speeding and (ii) driving through a “gore area” of the Maryland House rest stop (the striped triangular area between the highway and the exit ramp). Upon initiating the traffic stop, the officer ordered our client to exit his vehicle and sit in the officer’s patrol vehicle, while the officer purportedly completed the traffic enforcement paperwork.

After isolating and detaining our client in the patrol vehicle, the officer delayed the traffic stop for several minutes, asking more than a dozen questions unrelated to completing the traffic stop paperwork and without ever advising our client of any Miranda warnings. During the interrogation, our client imprudently revealed that he was a cannabis farmer from California and that he possessed marijuana. Shortly thereafter, the officer asked for permission to search the vehicle, which our client refused.

According to a Fox News report, eight people have been arrested today in South Carolina in connection with the Michael Phelps bong photo. It is being reported that seven of the people are being charged with possession of marijuana and one for dealing. One of the arrests includes a suspect who was trying to sell the infamous bong on Ebay for $100,000.00.

Apparently, the marijuana was smoked at a University of South Carolina party in November of last year. Putting aside my personal feelings on whether this is a prudent use of our law enforcement resources, from a legal standpoint, this case is a disaster that can never survive in court.

As a criminal lawyer that has been involved in the prosecution of over 3000 drug cases, I have yet to see a charge, let alone a conviction, on possession of a controlled dangerous substance based upon a photograph of someone allegedly ingesting a controlled substance.

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