Legal Question in Criminal Law in Tennessee
A 17 year old friend of mine was caught smoking marijuana with a few of his friends in a trailer park by a cop in Washington County, Tennessee. The marijuana and paraphinalia were not my friend's, they were another boy's that was there. Would it still count as simple possession charges for my friend, since it was not his but another boy's?
Asked on 8/31/10, 9:12 am
1 Answer from Attorneys
The crime of simple possession of marihuana is a crime of "possession" not "title."
It doesn't matter who was the "rightful owner" of the marihuana, all who possessed it are subject to being charged. And, by the way, I know of no way to "smoke it" without having "possession" of it. (Possession includes "the abiity and intention to exercise control over the item").
Answered on 9/07/10, 10:40 am
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