Charges for Transporting Marijuana

[lawfacts]

Can a person be charged with transporting marijuana if they're with a friend, and that friend has a large amount of marijuana in a closed bag? How can the police prove that somebody other than the owner of the bag knew what was inside?

[Mr. Knowitall]

Drug possession charges can be based on actual possession (you actually possess the drugs) or constructive possession (you don't directly possess the drugs, but you have some amount of dominion or control over the drugs).

The prosecutor would have to attempt to prove beyond a reasonable doubt that you knew about the drugs, and that you had some form of possession or control. For example, if they found a person who sold the drugs to your friend, and that person said that you were present and that you paid part of the money for the drugs.

If the entire case is that you were present in a location in which your friends had drugs in a closed bag, that would be a difficult case to prove.