In the Interest of M.M.

OPINION BY

TODD, J.:

¶ 1 The Commonwealth of Pennsylvania appeals the December 9, 2002 order of the Philadelphia Court of Common Pleas dismissing the charge of possession of a controlled substance filed against M.M. For the reasons set forth below, we vacate the order and remand the case to the trial court.

¶2 On November 20, 2002, M.M., who was 16 years old at the time, was arrested and charged with possession of a controlled substance, namely, marijuana, under 35 P.S. § 780-113(a)(16). Following his arrest, M.M. spent several days in custody at the Youth Study Center. Based on the fact that…