Legal Question in Criminal Law in Florida

Re: Marijuana Not in my Possession

The police won't test you to see if you have pot in your system. You can still be guilty of possession if you don't smoke. If your friends admit it is theirs you likely (or shouldn't) be arrested. If they don't the police may be able to establish depending on where the pot is that it was in your care, custody, and control and charge you with constructive possession even if it's not on your person. If it's found in an area of the car where everyone has access, the charge probably won't stick, but just avoid the hassle and don't let them smoke in the car so if you get pulled over it doesn't reek!

Re: Marijuana Not in my Possession

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is always a possibility that you could be arrested, particularly if you are the driver and others are in possession or smoking marijuana. Whether or not charges would hold would be up to a court or jury to determine. It could prove very costly to defend a criminal charge in a jurisdiction away from home. You are better off not taking the risk by foregoing the trip.

Scott R. Jay, Esq.

Re: Marijuana Not in my Possession

You would have to be legally insane to allow passengers to smoke pot in your car. The legal consequences could ruin you.