If marijuana plants were found on land adjoining mine but they do not belong to me, can I be arrested?

UPDATED: Aug 27, 2011

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.

UPDATED: Aug 27, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If marijuana plants were found on land adjoining mine but they do not belong to me, can I be arrested?

Law enforcement found 2 marijuana plants on family land adjoining mine that I also hunt on. Officers are convinced they are mine because 4-wheeler tracks near them lead to my house. Relatives use my ATV to ride the trails. Can they convict me?

Asked on August 27, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The issue is how much evidence is there that you are involved? To convict someone, the state needs to prove the case "beyond a reasonable" doubt. They can show that evidence with what's often called "circumstantial" evidence, such as tire tracks matching the tire on your vehicle; or anything odd in your financial records, which might show, for example, that you are likely selling drugs for extra income;if they search your property (e.g. home) and find any evidence of marijuana; if they can find evidence that you own or bought whatever planting/gardening supplies would be necessary to grow this patch of marijuana; etc. Or if anyone (some of your relatives--the ones who ride your ATV) will testify that you grow drug. So the answer is that if they can find sufficient evidence to link you to this marijuana, you could possibly be convicted.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption