Can I be arrested for being a in a car with pot?

Question

My co-worker drives me and him to jobs sometimes.

My boss requires us to carpool and when my co-worker drives sometimes he smokes pot.

He also says he keeps some in his glovebox.

I have never done any drugs, I have never even smoked a cigarette, but I don't complain about his pot smoking because we are in his car.

If we got pulled over and he was caught smoking pot, would I be arrested too?

If we got pulled over and his vehicle was searched and pot was found, would I be arrested too?

My wife found out about my co-worker and she is pissed. She threated to tell my boss because my co-worker smokes pot on company time.

Please help!

Answer 1

That all depends on the particular circumstances of the traffic stop. If the other guy admits that the drugs are his, you probably won't be arrested. If the guy denies the drugs being his, and the police officer can't say for certain which one of you the pot belongs to, you can both be arrested. If the other guy denies the drugs are his, and they are in the glove box on your side of the car, they might arrest just you. It's also possible that the officer will just arrest both of you and let the judge sort it out.

The police officer does not have to find the drugs actually in your pocket for you to be considered in possession. If you are the person in physical control over the area where the drugs were found, then that is called "constructive possession" and will hold up in court. That means that if the drugs are on your side of the car, whether you put them there or not, you are legally the one in possession of them. In which case, your wife is right ,and you're screwed.

Also, in addition to anything else, he could possibly be charged with DUI, because drugs will impair you just as much, if not more, than alcohol. And with you being in the car while he's smoking pot, you are getting some of the smoke, and so you are getting a little bit of the high, too. If drug tested, there's about a 50-50 shot as to whether you'd pass or fail.

Are you willing to risk that just to let him get high whenever he wants? Don't screw up yourself to make him happy.

Answer 2

I wish there was an easy answer to your question. Unfortunatley it really depends on the police officer that pulls you over. If it were to happen and you were to make it clear that it is not your car nor is it your pot a "reasonable" officer would probably let you go. But unfortunatly there are some cops out there that could make things difficult on you. It's a hard situation.

The best advice for you is, if you (or in this case your wife) are uncomfortable with the situation... quit riding in the car with him. Then you have no problem.

PS. Legally your boss cannot force you to carpool if that is not your choice. Hello... freedom of association... If you want to get out of the situation then simple tell your boss that you don't want to carpool.

Answer 3

If it is just found in the car, your only defense would be if you could somehow PROVE that you had no idea it was there. It is hard to prove though so think about it. If he is smoking at the time, you are screwed. If you could convince the judge you were not taking part, he might be lenient on you, but I wouldn't count on it. No matter what, you can pretty much count on being arrested at the time of the stop if drugs are found, unless you get a really really really understanding, lenient cop. It will be up to you to prove your innocence from there. Legally your only defense to completely clear you is to prove you did not know there were drugs in the car.

Answer 4

You are not in possession of the marijuana because it is not your car. You do not have control over what your co-worker does in the vehicle. Could you be arrested? It is possible although I would hope not. An arrest can be made on probable cause. If you smelled of marijuana due to your co-worker smoking it around you and there was marijuana in the car you would, at the very least, be questioned. It is not a pleasant situation and you should try to change it.

Answer 5

Yes you can- All the co-worker has to do is say that you knew about it being in the car, and his habit, and that is all the police will need to charge you with possession too. If the co-worker fesses up to it alone though chances are that you might get to walk- Don't take the chance though, it isn't worth it in the long run.Ultimately it's a 50-50.......It's called "guilty by association".

Answer 6

If you are stopped by police while in the car they can take you to jail if they decide to do so. It will be their decision and a judgement call. Then when your court date comes you should have an attorney that will explain to the judge that the pot isn't yours. Also, if the co-worker wanted to say you were part owner, it would be your word against his/hers. You are taking a huge risk traveling in a vehicle with pot.

Answer 7

Yes you can be arrested for being in possession. Think on this, ya'll get stopped Officer finds the pot. Is you friend going to admit it is his or say he don't know where it came from or lay the balme on you.

Answer 8

My friend you can be arrested in this country for anything at any time. The police don't even have to tell you why you are being are being placed under arrest. I don't know where you have been since 9/11 but we are now everything we were told the bad guys were. Pay the right judge the right amount and it's Davis Copperfield time.

Answer 9

DEPENDS ON QUANTITY,,HOWEVER YOU WONT GET ARRESTED IF YOUR FRIEND SAYS ITS HIS,AND REALLY HE SHOULDNT TELL YOU HE HAS IT.IF A SMALL AMOUN T JUST A CITATION ANYMORE,IF THE AMOUNT IS
LESS THAN AN OUNCE. BUT YOU SHOULDNT HAVE A PROBLEM.BUT YOU CAN GET THE ONE COP WHO WILL SAY IF YOU KNEW ABOUT IT,YOU SHOULD FIND ANOTHER WAY TO WORK,GUILT BY ASSOCIATION,THE BOTTOM LINE HERE IS YOUR FRIEND IS A STUPID *** FOR NOT BEING CONCERNED FOR FRIENDS IN HIS CAR.HE MAKES IT BAD FOR POT SMOKERS.HES BEING SO CARELESS THAT IM PISSED AND WANT TO CALL YOUR BOSS!!!BUT HIS IGNORANCE CAN COST YOU,FIND ANOTHER WAY TO WORK. GOOD LUCK.

Answer 10

i have been in this exact situation, so this is the truth, as far as california is concerned:

if you are in his car, and he admits the marijuana is his, you will NOT GET IN TROUBLE AT ALL. if you are in YOUR car, they can attempt to stick you with possession, but as long as he is honorable enough to admit it's his, again, you'll probably get off.

also, if there is less than an ounce of marijuana involved, NOBODY will get arrested. he will get his marijuana taken, and he will get a $75 possession ticket.

it really depends on how the other guy reacts. if he tries to pin it on you, it could turn ugly. if he is honest, you are safe.

either way, if he is driving under the influence, you should not be in the car. it is not safe. you wouldnt get into a car with a drunk behind the wheel, would you?