Tennessee Tech Not Charging Marijuana Possession?
In a new article at the Tennessee Tech online newspaper The Oracle we find five cases of pot smoking on campus have gone without criminal charges. And while some may gasp and think these students should face legal ramifications, the police and the dean alike find a more relaxed approach to be the better answer.
Five residential halls reported marijuana issues in the past month. The biggest recovery happened at Browning Hall where police found about a half-ounce of weed and various tools of paraphernalia. In that particular scenario there were several students involved, with all of them eventually admitting to smoking the marijuana.
But, the officer discussed the rules and state law with the students and turned their names over to the dean rather than pursue any sort of legal action. According to the Oracle, this is pretty typical for campus police unless than amount found is more than a half-ounce.
The dean of students takes a similar relaxed approach, often settling on a warning or maybe academic probation. If this isn’t the first time the student has gone before the dean on such a matter, the penalty might be harsher.
The dean states that many people expect students to be faced with much more serious penalties. He says “they expect crucifixions on the South Patio” further stating, “that’s not what we’re about.”
Both the police and the school have a significant amount of discretion. The officer could have pressed charges for the half-ounce but when taking into consideration the totality of the evidence, including things like criminal history and the amount, they rationally decided against it.
Kids will be kids and while age or college-mentality is no excuse for breaking the law, nor would it stand up as a legal defense in court, it does seem to be an acceptable rationale for the school and officers’ level of discretion in cases like these.
The same “kid”, however, caught off-campus in possession of that same half-ounce of weed may have faced a very different outcome. Had an officer found the marijuana on someone leaving a bar or behind the wheel they could choose to arrest them for misdemeanor possession. Even possession of a small amount of marijuana can result in up to one year in jail.
There is a nationwide trend toward greater acceptance of marijuana use, legalization, medical uses, and decriminalization. So it is not surprising that some law enforcement agencies are doing their own de-facto decriminalization, by essentially ignoring petty pot possession offenses, to focus on serious public safety issues.
But while attitudes towards marijuana might seem more relaxed than ever, you don’t have to look far to find someone facing serious drug charges for pot. When facing charges like this, it pays to have an experienced defense lawyer on your side.
If you are facing possession charges, whether you’re a student or a mother, contact our offices for a free consultation on your case today.
