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

UPDATED: Aug 27, 2011

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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


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.

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