In the truest definition you are not in possession of marijuana, however it would be possible to be charged with a paraphanalia charge. If you had a couple you could argue they were for you and you alone(but if you only had a couple why didn't you swallow them when you saw the flashing lights?) if you had several/several hundred you would be dealing with distribution/trafficking charges. I could be wrong but That would be my interpretation of the law as it is written in my locale. Also I have to give Flameon CRAZY, INSANE, MAD props for his post, I have a capmquick device and some empty capsules(don't ask) and now I am gonna take a shot at this!