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Can you actually be charged with drug possession if it is not in your possession?

Can you actually be charged with drug possession if it is not in your possession?

Q: Can you be charged with possession if someone else has the marijuana?

Yes, you can be charged with possession even if someone else physically has the marijuana. If law enforcement believes you had control or shared possession with that person, you may face charges. The context of the situation will be important in such cases.

Q: What should I do if I'm charged with marijuana possession?

If you are charged with marijuana possession, it is crucial to consult a legal professional. They can help you understand the charges, explore possible defenses, and represent you in court. Having legal guidance is vital for navigating the legal process effectively.

Q: What factors determine marijuana possession charges?

Factors that determine marijuana possession charges include whether the substance was found near you, any statements made, and your relationship to the marijuana. Law enforcement will assess these elements to decide if you can be charged with possession.

Q: What are the penalties for marijuana possession?

Penalties for marijuana possession vary by state and can include fines, community service, or even jail time. The severity often depends on the amount of marijuana and prior offenses. It's essential to check specific state laws for accurate information.

Full question:

My son was arrested for marijuana possession and minor consuming. The office said that he had thrown marijuana in a trash can. He said he did not and this was at a party where some kids ran. His bac level was .02 and he swears he hadn't been drinking either. The drinking thing, I am not that worried about...but the marijuana possession, I am. Can they actually charge you with possession if it is not in your possession?

Category: Criminal
Date: 04/07/2025
State: Indiana

Answer:

Please see the information at the following link:

http://definitions.uslegal.com/d/drug-possession/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is constructive possession of marijuana?

Constructive possession means that a person can be charged with possession of marijuana even if it is not physically on them. This applies when authorities believe the person had control over the substance or intended to possess it. Factors like location and statements made during the incident can influence this determination.