Possession Question...?
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Possession Question...?
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Here's the scenario (hypothetical)
I'm in the car with my friend. I'm the passenger, he's driving, (or the other way around, i don't think it matters, but if it does please address it). He's smoking pot, I'm not. The window is open because I don't like my clothes to smell. A cop sees us and pulls us over. The cop sees that we have weed in the car. But I had nothing to do with it. Not my weed, I don't smoke it, I was just in the car, at the wrong time.
Do I get charged or fined as well? Or just the driver/friend?
State: MA
Pertinent Info: -Marijuana has been decriminalized, now there's just a $100 fine for possession.
-Assume we're over the legal limit, which is one ounce i think?
-We are obeying all other laws, speed limit, seat belts, etc...
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trooper3316
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Yes, it does matter who is driving. There is a legal principle called "constructive possession". That means if you are in control of an area, and you are aware of something illegal in that area, you are considered legally in possession. The driver or owner of a vehicle is considered in control of that area and can be charged if a passenger is in possession of something illegal.
If you are the passenger, and not the vehicle owner, you will probably not be charged if the driver is found in possession. However, if the driver denies ownership, you can both be charged. |
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