Will The Police Investigate Me for Drug Possession?
You saw on the news that your weed dealer was caught up in a drug task force. He or she is now being accused of drug trafficking and is looking at prison. Now, to put it mildly, you are worried. You’ve purchased weed from him countless times and always announced your arrival via text. Your phone number is on your drug dealer’s phone.
You suddenly start thinking about the worst-case scenario. Is my dealer actually going to snitch on me to get a lesser sentence? Was my dealer an undercover officer? Are the police going to use my texts as evidence of me buying drugs? Am I up S$#% without a canoe?
Well, I’d like to say I will give you a straight-up, yes or no answer. However, I can’t as there are so many variables. But, I will attempt to give you helpful facts that will give you on the right track.
Marijuana Is Still Illegal In the US
Cannabis may be legal in your state. It is, however, illegal federally, and weed is listed as a schedule 1 drug that has no medical use, and also a high potential for abuse. Cannabis is in the same category as LSD, Heroin, Meth and and and an ecstasy pill. As a result, even if weed is legal, the federal government could tomorrow go in and shut down all dispensaries. And a federal prosecutor can decide to pursue criminal charges against dispensary employees. This did actually happen in the 90s when California legalized cannabis for medicinal purposes when the feds came in and shut down medical cannabis dispensaries.
THIS IS NOT LEGAL ADVICE. EVERY PERSON’S SITUATION IS DIFFERENT. THIS IS ONLY GENERAL INFORMATION THAT IS GATHERED FROM REPUTABLE SOURCES. IF YOU HAVE ANY LEGAL QUESTIONS, SEE A LOCAL ATTORNEY.
Do Police Go After Buyers?
Unfortunately, it depends upon many factors. So, the answer is not a straight yes or no. Legally, though a law enforcement agency can use your texts or even a phone record of the number of times as evidence that you did buy cannabis recently. Depending upon the judge, and other evidence that the police may have, the texts to your dealer could be justification for a search warrant being issued.
However, first-time, weed possession (for personal use, is a misdemeanor in even the states with the most severe laws, it is not likely that the police will investigate you if they discover a few texts to your local weed dealer. (The police still may though) Drug sellers are simply a higher priority than users. Seeing your phone number on a dealer’s phone tough may give your local police department enough probable cause for a search warrant to be issued.
Factors To Look At
The factors that could tend to result in your being investigated are the following.
Who Are You?
Who you are is arguably the biggest reason why the police may decide to pursue an investigation against you if your phone number was found in your drug dealer’s phone. Like I said previously, normally the police will not bother with a drawn-out investigation for a mere, misdemeanor weed possession. So, whether or not you are investigated will likely depend upon who you are, your rep, prior history, etc.
For example, if the police see that you called X dealer and find out you are on parole they may either further investigate you or report you to your parole officer. Your overall reputation also has to do with whether or not you should worry about a further investigation. A few of the many factors are the following:
- Are you or your family known to be troublemakers?
- Have you made enemies with the police chief or influential politicians?
- Do you have prior arrests for any type of drug activity? (In some states being caught multiple times with weed can result in a mandatory minimum sentence and even a felony)
To put it simply, if you have a bad reuptation, or you are a thorn on the side of the local law enforcement, the police will be more likely to further look into you. And finding that you called your busted dealer multiple times is an indicator that you bought weed illegally, and depending on how much of a pain you are (either justified or unjustified) the more likely it will be that you are investigated.
How Much Did You Purchase and How Many Times Did You Call?
Local law enforcement will not likely spend limited resources investigating and prosecuting you if you occasionally call or text your dealers. However, depending upon the number of calls/texts and the length of your calls the police may further investigate if they feel you may be more than a customer. In summary, if your actions indicate that your drug activity is more than personal use, the police may then decide that more investigations are warranted.
Where Do You Live Or Where Does Your Dealer Live?
At least in California, Oregon, Nevada, and Colorado only licensed dispensaries are allowed to sell weed to the public. So, your local neighborhood, unlicensed weed dealer is breaking the law and can be arrested as a drug dealer. As a result, for example, if your dealer lives in California, it is not likely that law enforcement officials would investigate you for purchasing weed from an unauthorized source.
What If You Live In A State That Still Outlaws All Cannabis?
Law Enforcement does not have an unlimited budget. Therefore, they will likely prioritize their efforts toward stopping and arresting dealers. Simple, first-time, possession, in even the states with the strictest drug laws, is only a misdemeanor. So, unless their operation is an all-out assault on dealers and drug users it is unlikely that the police would not spend their resources on trying to catch you with a gram or so.
What Form Of Cannabis?
Possessing hash and cannabis concentrates in certain states like Texas and Florida is a felony. Of course, a felony is a bigger priority for prosecution than a misdemeanor. Therefore, if you were buying concentrates for your dealer and your dealer was busted with selling concentrates an investigation is more likely to occur.
Was The Drug Bust Done By Federal Agency?
Many old-school DEA and other federal law enforcement officials do not like the idea of cannabis being legalized in the states. A dealer may be committing a federal crime if they are transporting or dealing drugs across stated lines. This means that the feds could be in charge of investigating and prosecuting your dealer. So, you may be in more trouble if the feds did the arrest and they may want to make an example of you.
Whether or not you should be worried if your dealer got busted is dependent upon so many, unknown factors. So, if you are worried, you should first contact an experienced local attorney for advice. And, of course, if you are investigated, know your rights, and do not talk to anyone until after you talk to an experienced criminal lawyer. The police can legally investigate and arrested you if you are found to be in possession of cannabis. So, it is best for your to talk to an attorney if you are worried in the slightest bit. Many have a free consultation, so you should take advantage of one, and follow their advice.