Legal Question in Criminal Law in New York

Legality of second hand marijuana

To whomever responds,

What is the legality of the act of 'hotboxing' i.e. intentionally sitting in a car with someone who is smoking marijuana, in order to achieve a contact high, while refraining from actually smoking. For example, if one took an oath not to engage in an illegal activity, will this be a violation of the law?

thank you


Asked on 9/07/04, 6:23 pm

1 Answer from Attorneys
Jamel Oeser-Sweat Law Office of Jamel Oeser-Sweat

Re: Legality of second hand marijuana

Based upon the fact pattern presented, it seems that the behavior you describe is improper. I will skip any discussion of whether being in the presence of one engaged in the use of an illegal substance is illegal.

In the current set of facts, there appears to be some agreement due possibly to the fact that the person asking may be on Probation or even Parole. In such agreement, this person has agreed as part of his or her sentence not to be associated with illegal and illicit activities. It seems based upon the description provided, being in a vehicle with someone who is "hotboxing" qualifies as being associated with people who are engaged in illegal activities. Thus, it seems that such would be a potential violation of the above referenced agreement.

If you have any other questions or concerns, please contact me.

Read more
Answered on 9/13/04, 12:48 pm


Related Questions & Answers

More Criminal Law questions and answers in New York