Drug Crimes, Substance Abuse Are rolling cigarette rolling papers illegal?

[rlewis]

My brother was pulled over, searched and was arrested for having rolling papers.No drugs were on him or in the car.He is being charged with drug equipment.Did he do anything illegal?

 

[army judge]

My brother was pulled over, searched and was arrested for having rolling papers.No drugs were on him or in the car.He is being charged with drug equipment.Did he do anything illegal?

Hmm, was he arrested?

Obviously, the cop thought so.

He should plead NOT GUILTY, make no statements, admit to NOTHING, and ask for a court appointed lawyer.

If he isn't stupid, this will likely just get dismissed.

I suppose, the papers could be considered "drug paraphernalia", especially if someone mouthed off to a cop
at 3:00AM in a known drug area!

Were the papers ILLEGAL?

That's a legal conclusion.

No one here can answer that.

That will be decided by a Florida persecutor or at trial.

 

[disagreeable]

If he is subject to FL laws regarding minors smoking, possession of rolling papers, for tobacco or weed are a drug paraphenalia crime.

http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS07/CH0932/Section_0932.701.HTM

3. Any equipment, liquid or solid, which was being used, is being used, was attempted to be used, or intended to be used in violation of the beverage or tobacco laws of the state.

 

[mightymoose]

Yes and no. Your brother's age may be a factor... even so I would not expect a minor's possession of rolling papers to be an arrestable offense, rather just an infraction worthy of a citation- but that all depends on the state statute.

If your brother is an adult and was arrested, and assuming that you have all the relevant details, I would venture to say that it was a bad arrest. Rolling papers are not considered drug paraphernalia in any state- at least not to my knowledge.

Tell your brother that in the future he should never consent to searches... nothing good ever comes of it. He should, in fact, clearly state that he does not consent to any searches. Failure to say so may result in a search.

 

[priteshppt]

I don't find anything illegal in this case as he was not having any drugs with him and also at that time he was not in hangover state. So for just having rolling paper it does not stand a strong case against him. He should ask for a lawyer and defend himself by not accepting anything in pressure.

 

[Twours]

My brother was pulled over, searched and was arrested for having rolling papers.No drugs were on him or in the car.He is being charged with drug equipment.Did he do anything illegal?

If he knows that this way he can arrested than he should not done this. But if he is not aware of this i must say it is unjustice because there was no hamrful things on rolling paper. In the cops sense, they just did their duty, nothing else.