Does being in the same room with people that are smoking weed or drinking a crime?

Question

Like, my friends asked me, like I'm a lawyer, yeah right, but if they were at an apartment and someone was smoking weed and they weren't, if the cops came in, could they be charged with any crime? Same for drinking. They both are 20, but if they weren't drinking and others were, would anything happen to them? Any ideas?

Answer 1

You can't get in trouble for the alcohol if everyone drinking is of age. It is ok to have minors in the presence of alcohol as long as they are not drinking. Any minors drinking would be charged and if there were people over 21 they would be charged with providing the alcohol. People under 21 not drinking would be fine. As far as weed goes, anyone present could be charged because a criminal activity is taking place in your presence and you are not doing anything to stop it even if you are not participating. Usually they will only arrest those directly related to the weed.

Answer 2

Technically you can get in trouble for being an accessory to a crime, but depending on what state you are in marijuana, but in practice if that's all they are doing is possession of less than an ounce of weed in the State of California, you won't get busted, but watch out, because it's really easy to get pinned with some crime that you didn't think you did. Like they might say that you tried to hide the weed, or obstructed justice or some crime.
In California my defense would be that I can't be held responsible because medical marijuana is legal, so unless I'm in possesion of it without a licence I'm not guilty. So the cops probably would never bust someone for being in a room full of people smoking weed as long as there was less than an ounce. Over an ounce and it's a whole different story, because now you are an accessory to a felony.

Answer 3

This is really tough. You can't ask us if you were raped. We weren't there. If you don't know, how could we? Fact of the matter is, you put yourself in a very bad situation getting drunk and high around men you don't trust. A married woman really shouldn't be partying with and having sleepovers with guys she barely knows. You need to be more careful, what if he drugged you? This guy sounds like a total sleezball, he did this and he knows you are married? I also think you are trying to act like you are way more naive that you really are. Both times you drank without wanting to and did'nt know how you stayed the night. Somehow your cup was always full, but you don't know how? There are alot of holes in your story. Why didn't you just go home in the morning when you woke up or when you went on a food run? I feel really bad for you. If you are not going to press charges then you should just move forward. Luckily you have a husband that loves you and won't hold this against you. Thank God it wasn't a violent, traumatic or painful experience. If you have faith, try praying about and hopefully your husband will pray with you also. God bless.

Answer 4

There are associated offenses such as constructive possession, providing alcohol to a minor and so on that could be charged. Also everybody in the place might be locked up until the prosecutors decide whom to charge and with what. And in the case of marijuana, some of it might be planted on you, or a seed might fall into your pocket or pants cuff and then just as Bob's your uncle you're behind bars for 10, 20, 30 years; or maybe 3 strikes and life.

But what do I know. They're very tolerant where I live: if you're tall enough to put your money on the bar, the bartender can serve you.

Answer 5

Under most situations no, you cannot be held criminally liable for what other people do if you are not assisting or encouraging them.

However, police and prosecutors often try to make a point by broadly defining what counts as "assisting or encouraging".

The best bet is to stay clear of people committing crimes. But if you want to dance the fine line, consult a licensed attorney in your state to find out exactly where that line is.

Answer 6

Okay first of all do u smoke?If not get the hell out of there!
Its for your own good.Because if u are in an area which people smoke ,do drugs and etc. you will get used to the smell and when they offer u will be smoking in no time .So the first thing to do is staying away from them they might have done a crime and if they see u around them and not paying attention they might somehow blame it on u.

Answer 7

My daughter works at the police department and if she goes to a party or someones house where there is drugs, she leaves right away, not because it is a crime, but she would lose her job if something happened. A lot of people have jobs that are dependent on maintaining a clean record and can not risk it. Lots of places will fire you if you are caught with drugs so why risk it? Not worth it. Get better friends.....

Answer 8

If cops find you are a non-smoker sitting next to a smoker with a bag, they arrest you with the rest of them. But if you drive and drink, the cop will arrest you for a crime. so, it is two different thing.

Use your judgemental. If you feel that you are associating with a crime, then you are.. If you don't feel that way, then no reason to be worried.

Answer 9

Depends on whether they are in charge of the location. For instance, if the contraband was in their vehicle, it is considered to be in their possession. Same goes for a home or apartment. If they rented the apartment, they are responsible for what goes on in their apartment.

If they are all out to a party at someone Else's place when its raided or if they are riding in someone Else's car when they get pulled over then they will likely be allowed to leave after an interview.

Answer 10

Think the laws for weed are so broad that you could be, but drinking you might need certain blood level or have seen you drinking. Would push my luck ARA bring a lot of money.