Can I be charged with possession of marijuana in California if I’m a passenger in someone’s car and marijuana is found? What does “possession” mean under California’s marijuana laws?
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UPDATED: Jul 15, 2021
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You can be charged with possession of marijuana if it is found in a car in which you are a passenger. If the Marijuana was not found on you and was not yours, however, you likely have a good defense against conviction. On the converse side, you can also be charged with it if you are the driver of the car and the marijuana was not yours but was found inside the vehicle.
In California, possession can be either physical or constructive. This means that you can be considered in possession of something, such as marijuana, if it is physically on your person or if it is constructively under your control. Something that is constructively under your control means that even though it is not on you or with you, you still have some control over it. This not only includes cases where it is found in your car trunk or closet, but also even in situations where someone else is carrying it on your behalf. You should talk to a marijuana lawyer or criminal attorney and inform them of the circumstances of the arrest in order to determine your available defenses.
Follow this link for more information about California Marijuana Laws and California Medical Marijuana Laws