Legal Question in Criminal Law in Maryland
Question of quilt
Is it ileagal to be in the same room as a person
doing drugs and have full knowledge of that
persons' drug use although not doing the drug
yourself?
2 Answers from Attorneys
Re: Question of quilt
Under Maryland Law, because drug use is a group project, the answer to your question is yes.
Re: Question of guilt
There is an old saying in the law that there is only one answer to every legal question: "it depends"! If you agree with a another person to posses illegal contraband jointly and together, then you could be guilty of a conspiracy crime to possess that contraband. If you are in a room with someone who possesses illegal contraband, but you do not possess it, and in no way did anything to aid or assist or participate in that person's crime, then I don't see how you could be convicted of a crime. If the location was your house or your car, a Minnesota statute allows the prosecution an inference that the illegal drugs belong to you. But, you could present evidence to rebut that inference. You would be well advised not to allow illegal drugs in either your house or your car -- at least knowingly.
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