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News (Media Awareness Project) - US IL: Smoky Room, Bag Of Pot Adds Up To Possession
Title:US IL: Smoky Room, Bag Of Pot Adds Up To Possession
Published On:2000-11-24
Source:Chicago Tribune (IL)
Fetched On:2008-09-03 01:40:33
SMOKY ROOM, BAG OF POT ADDS UP TO POSSESSION

SPRINGFIELD The state Supreme Court has made something clear: It's not
smart to sit next to a bong and a bag of marijuana while telling police
you're having a party.

Jennifer Schmalz did that, and the court ruled this week that it gives
authorities enough evidence to convict her of drug possession.

The incident took place in Peoria in 1997. Police went to a home looking
for the owner of a vehicle parked outside and were given permission to
enter and look for the owner.

Upstairs, they found several people in a room filled with marijuana smoke.
Schmalz was sitting on the floor with a bag of pot less than a foot away
and a bong within reach.

"We're having a party," she told police.

Schmalz was arrested and convicted of drug possession. She has appealed,
arguing that she was not physically in possession of the marijuana and was
not seen smoking it.
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