Q: Is possession of marijuana illegal on school grounds even if the person claims that they weren't aware of the marijuana?
For a mock trial in high school class, we represent the teacher who searched the bag and several other random student's bags. We believe there was reasonable cause.
There is no criminal offense that is strict liability in Kentucky. You have to have known marijuana was on you and in school. I don't think it is enough to say, "yea, its mine. But, I swear I left it at home with my bong and album cover I use to de-stem my stash."
Being absent minded would be a "reckless" mens rea and the marijuana is yours. Stick with I have no idea and it wasn't mine. I mean, why would I keep stinky marijuana in my own backpack (other than I wanted to bring it to school to show people and smoke afterwards)?
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