Penn State Marijuana Possession Charge Dismissed

Suspected Marijuana Was Not Marijuana

Penn State police searched Client’s dorm room after belieiving that they smelled marijuana. An officer found what he belived was marijuana, and Client was charged with Possession of a Small Amount of Marijuana, 35 P.S. 780-113(a)(31). The charge stated the officer’s opinion that the substance was marijuana based upon the officer’s “training, knowledge, and experience” in handling many marijuana cases.

Client claimed that the substance was a legal susbstance and was not marijuana. State College defense attorney talked with the prosecutor to make sure that the substance was sent to a forensic lab for testing. The results of the test showed that the substance was NOT marijuana. The lab report showed that the officer’s opinion was wrong and that Client had been improperly charged.

Pre-trial Motion to Dismiss Marijuana Charge Filed

The prosecutor did not immediatley dismiss the marijuana possession charge, so Attorney Dunkle file a pre-trial motio to dismiss. At the hearing on the defense motion, the Centre County prosecutor conceded that evidence was lacking and thereby agreed to dismiss the marijuana charge. Attorney Dunkle then filed the appropriate paperwork to have records of the case destroyed through the expungement process.