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Drug Possession: Allegations Alone Do Not Overturn a Conviction

On the way back, a hand-rolled cigarette containing weed was found inside a car carrying two men. They argued that the cigarette did not belong to them, and that a third person had ridden with them, then got out and left it behind. They also said that the positive test result was caused by passive smoking. However, the court concluded that they were guilty of possessing the cigarette for the purpose of use, and sentenced each of them to two months’ imprisonment followed by deportation after serving the sentence.

On appeal, nothing changed, and the judgment was upheld as issued.

Conclusion:
Not every alternative explanation is enough to overturn a conviction if the court is satisfied that possession was proven and the appellate court upholds that finding.

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