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MonarchX

If there are several people in a car and one is in possession and he/she claims that it is his/hers and nobody else was aware of that - would all people in the car be charged? Lets say nobody was smoking.

Ownership is not the same as possession but isn't there a conditional possession clause of some sort?

 

dedbr

Yeah. Seems like most people get it in the car. Why? Easier to get at you, I guess....

Laws about possesion vary from state to state, so the claiming ownership thing could have a lot to do with how cooperative you were.

In most cases, I think the driver is responsible just because he is in physical control......

Check your local laws for me and let me know for sure........


Some Where In Ded Land..........

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Darque Pervert

I have known situations where one person has it in his pocket, and only that infdividual gets charged.

I've seen other situations where the weed was in a bag and nobody could/would claim it was theirs. Everyone in the car got charged.

I honestly believe it depends on the circumstances, the possessor(s) and the officer.

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steakii

I live in GA and this is what happened to a few friends of mine. They all just smoked(even the driver) and got pulled over there was 4 of them. The cops searched the car after thinking that one of my friends was trying to conceal a weapon when he was reaching for a water bottle. They found a pipe and a bag of about a 1/4 ounce stashed in the car. At first no one claimed it and the cops said that they were going to arrest the driver only if no one claimed it. It was then that the 2 people that bought the bag fessed up and said it was their's and the guy with the pipe said it was his (same guy with the weed). Even though the driver failed a high test 3 times he got off with just a 7 mph speeding ticket. The other person got nothing. The people that fessed up were the only ones that got a possession charge.

The laws vary greatly from state to state and from cop to cop. I think in most states if weed is stashed in the car instead of some one's pocket the driver also gets the possession charge.

MonarchX

Where can I find state laws regarding that? People I hang out with are responsible and would instantly claim possession and they carry it on them instead of stashing them in their car.

I need to read up on those laws just to make sure.

 

Darque Pervert

Marijuana Law Reform - NORML for marijuana laws.
Understand that different jurisdictions and even different officers are going to interpret laws differently.
Every traffic stop is handled on its own, and the results will vary depending on shitloads of factors, as I stated above.

Feorge Gorman

...they seem to use it as a tool. IOW...they find a stash and NOBODY claims to be the owner. Then they threaten to take everyone away for it. Now this seems to play on the conscience of the guy who's stash it really is, in turn, fessing up. Then the cop lets the others walk and tickets or jails the real owner.

Now I said ALMOST always. I remember an episode where the boyfriend actually let the g/f take the blame and go to jail...when you just KNOW that he's just being a scumbag!

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