Legal Question in Criminal Law in Maryland

My boyfriend was recently arrested Friday night. He is being charged with Marijuana possession, paraphernalia, and intent to sell in the state of Maryland. However, the story goes (and I know it to be true as I was there...) that him and I had gotten back from a concert that night, and as we did, his roommates had decided to throw a party. We walk back into his bedroom and there were tons of people, smoking marijuana. Right as we get them to leave, the cops arrived from a noise complaint. They smelt marijuana and claimed to have seen some on the table and entered the house. They asked where it was being smoked, which lead them to the back room (where everyone had also ran, since it was the furthest away). They then asked where it was, and my boyfriend showed the police the very small amount he had in his nightstand. THey then allowed everyone to leave after IDing them, and then searched the house. In my boyfriends room, people had ditched their backpacks with marijuana in it. There were a good 5 or 6 backpacks, which a few had scales, baggies and marijuana. Inside one bag there was a notebook containing numbers and prices and all sorts of selling information. Even though there was a name on the notebook, they claim it to be my boyfriends. Since all this was in his bedroom, he is being charged for everyone's marijuana and paraphernalia. I would just like to know if this is possible, as the police clearly knew there was a party (they entered with lots of people there/arrived for a noise complaint), but allowed everyone to leave before they searched the house. I can't imagine him being charged for something he did not know people had left in those backpacks, let alone his room. Please give me some kind of advice/help!


Asked on 3/13/11, 9:27 pm

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

Anyone, guilty or not, may be charged. Whether the state has proof that the law was broken is another matter. Even still, he may argue what the sentence should be, if he is going guilty.

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Answered on 3/14/11, 4:04 am
Jason Cleckner Law Office of Jason Cleckner, LLC

The bottom line is that we are talking about constructive possession (possession by more than one person at the same time). Did he intend to possess the weed? He says no. The government will disagree. And depending on other factors like his record, the case may be resolved to his advantage. If not, he's going to need a good lawyer to go to trial.

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Answered on 3/14/11, 6:19 am


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