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?

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 15, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption