Pot Brownie Bust

By The Franklin Lakes Journal

Published: February 12, 2010

Drugs have been an issue in schools going back almost half a century now, and the recent “pot brownie” arrest at Ramapo HS illustrates the continuation of drug availability in the schools. The incident in Franklin Lakes involved two Wyckoff students, a drug transaction, and an unexpected trip to the hospital for the consumer and jail for the seller.

A male high school senior was arrested for selling a pot brownie to a female underclassman. The girl experienced a very negative reaction which led to an ambulance being called, and the boy was arrested after a fuller investigation had transpired. This involved the search of cell phone records and text messages which assumedly made clear that the girl knew the brownie was spiked and intended to get high during school.

The Ramapo High School senior has been released on his own recognizance, but charged with distribution of marijuana and possession of marijuana. There have been no reports as to whether charges will be filed against the female student.

Phone records have been a mainstay of police investigations for generations, and now text messages are providing detectives with another avenue for solving crimes. Students, many of whom rely heavily on texting as a primary communication tool, are particularly vulnerable to being victims of their own devices. The investigation by local detectives apparently followed a traditional path, but NJ courts have made clear that students have very limited expectations of privacy on school grounds.

The idiocy level of both students will certainly be debated, and almost comparable with the level displayed by a NJ resident in Salem County in the summer of 2009. Law enforcement in Salem County benefited from text messaging technology when a drug consumer texted a potential purchase order to a local police officer rather than a neighborhood dealer. The suspect was arrested when he came to collect his order.

Text messages have also been critical pieces of evidence with respect to illegal sexual activity between adults and minors. Prosecutors are finding that text messages prove to be potent tools in documenting a relationship for a jury. A whole industry based on electronic forensic services has been built around court cases that range from civil lawsuits to violent criminal acts.

Someone found guilty in NJ of marijuana possession, marijuana distribution, possession with intent to distribute, growing the plant, or possession of drug paraphernalia are subject to losing their driver’s license. Diversion programs exist in New Jersey that allow first time offenders to avoid having a criminal record, but numerous factors decide who is eligible on a case-by-case basis.