Question

• Police armed with a search warrant entered Selma Tikes’ boyfriend’s apartment and found her sleeping in a bedroom with her two children.  Tikes’ boyfriend was not present.  In a second bedroom, police found marijuana in matchboxes stacked on a nightstand.  In the closet were both men’s and women’s clothes and more matchboxes with marijuana.  Is Tikes criminally liable for the presence of the marijuana in the apartment?  Discuss relevant legal theories.  

Answer 1

Answer:

Tikes criminally liability is depends upon the law of the state which indicates that the presence of the marijuana in the apartment is legal or illegal. This is the case where we can make the conclusion based on the law of the state. Marijuana’s use is legal or illegal is based on the law of the state. The law of state is not same for all the states. It is vary with respect to the states. Some states show it illegal whereas some states show it legal as it needed for the recreational and medicine purposes.

Federal law declares it illegal for the nation, but some of the State law protects it and they are claiming that it is needed for the recreational and medicine purposes.

So if we want to decide whether Tikes is criminally liable for the presence of marijuana in the apartment, is purely depends upon the law of the state applicable at that apartment and then based on the law of the state, we can decide whether she is criminally liable or not liable.