Who exactly can be charged with possession of marijuana when it's found in a vehicle? Only the driver? Anyone in arm's reach? Anyone in the car? I ask because one of my friends is quite a stoner and not only does he usually have weed in the car, he often smokes while driving as well.
Also, if he were to get pulled over with weed in the car, could I be forced to give my name or take a drug test to prove my innocence? I'm currently on probation for DUI and while I'd test negative for drugs, there could be an issue if I was obviously drunk as it could violate my probation.
I live in Montana for what it's worth.
Possession in a Vehicle
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11-26-2007, 09:40 PMiggymcflyPossession in a Vehicle
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11-27-2007, 06:57 AMaaronRe: Possession in a Vehicle
If you let somebody smoke in your car, you can expect that the police will charge you with possession. Possession can be actual (it's in your physical possession) or constructive (you are aware of the presence of the substance it's within your sphere of control). And yes, you can expect the police to require ID from you if you and your friend are stopped with pot in the car.
If you're on probation, it is probably a violation of your probation merely to be in the presence of somebody who is using recreational (i.e., illegal) drugs. -
11-27-2007, 03:01 PMiggymcflyRe: Possession in a Vehicle
Well, it wouldn't be in my car. The point is that I don't have a regular drivers' license right now and often need a ride places. That's why I was wondering if I could get in trouble for possession just for being in the car while he's driving and smoking a bowl.
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11-28-2007, 03:30 AMBORRe: Possession in a VehicleQuote:
Quoting iggymcfly
In addition to what Aaron has pointed out, the federal constitution permits an officer to charge ALL occupants of a motor vehicle passenger compartment with possession IF ownership is not admitted by anyone: Maryland v. Pringle, USSC.
Example: 4 persons riding in car, gets stopped, drugs found, no one admits ownership, everyone can be, but not necessarily charged.
It is extremely unlikely any state would not allow this also under thier own laws.