Maes

Defendanb-Appellant Margaret Maes (“Maes”) was stopped on Department of Veterans Affairs (“VA”) property by a VA police officer who had seen Maes driving the wrong way down a one-way street, and this bad driving incident had severe consequences for Maes. The officer who saw her going the wrong way summoned another officer, who in turn observed drug paraphernalia on Maes’s dashboard. Upon questioning, Maes admitted that there might be drugs in the vehicle, and the officers searched the car. The search revealed a small bag of marijuana, bongs, pipes, cleaning rods, and other drug paraphernalia.

Maes was charged with one count of possession of a controlled substance in violation of 21 U.S.C. § 844 (a), and with one count of driving in the wrong direction on a posted one-way street in violation of 38 C.F.R. § 1.218 (b)(32). Maes pleaded not guilty and moved to dismiss the possession charge, contending that she was improperly charged under 21 U.S.C. § 844 (a). She argued that she should have been charged instead solely, so far as drug possession was concerned, under 38 C.F.R. § 1.218 (a)(7), a VA regulation that reads: “The introduction or possession of alcoholic beverages or any…