weed questions?

Question

okay I have a couple of questions concerning marijuana:

if say I'm driving with a group of people in my car and we get pulled over and they have it on them, it's not on the trunk of the car or on the compartment, would I be held liable and be subject to charges if I'm not a user myself and it wasn't mine? like say they all had it in their pockets?

if I'm with a group of friends and they're all smoking, but I don't smoke, would it get into my system through second hand smoke, and would it show on urine tests?

Answer 1

It may be in their pockets now, but as soon as you get pulled over, it will be on your floor, and under your seat.

You can then be charged, if the officer can prove "constructive possession". This means even though you do not have physical possession, you know it is there, and it is in a place where you have control.

If you are the owner of the car, and the officer smells marijuana, the conditions of constructive possession can be met.

Second hand smoke can result in a positive test, but it would not be as high as if you actually smoked it.

Answer 2

In most states as the driver of the vehicle you are responsible for what is in the car. So technically yes, you could be charged though I think it would be unlikely.

Depending the length of exposure and concentration it is possible for marijuana to affect you and show positive on a drug test through only second hand smoke, usually called a "contact high"

Answer 3

Most answers miss the mark. If it's in someones pocket, you'd have to admit that you knew about it, otherwise, you're not responsible (unless you had papers in the car, then you're both busted for conspiracy).

If it's not in their pockets, but within their reach (like under the passenger's seat), you are also not responsible because the passenger has 'constructive possession', just like it was in his pocket. Circumstances, though, will dictate whether the cops consider it his or yours, or both. There is no finite answer; every situation is different and open to the interpretation of the cops on the scene.

Answer 4

In most jurisdictions the fact that other people in the vehicle have weed can be held as common possession if it can be shown that you knew about it - "Like, you know, it's like "our" weed, Dude"

If you're transporting it in your car, even though it's someone elses, your car can be taken by civil forfeiture - which means it's now the governments car.

The most accurate test for pot is hair testing. If you hang around people who smoke weed then yes, enough can be absorbed by your hair to show up in a test.

Richard

Answer 5

If it was in the car somewhere, and not on them, and if no one took responsiblity, everyone would be charged. I heard once that you could be in a phonebooth with someone smoking weed and as long as you didnt smoke yourself, you wouldn't have it in your system.
The guy above makes it sound like pot smoke gets in your hair FROM THE AIR. It's ingesting it and checking the hair that way. They test for poisons this way too, and it's typically not "floating around you".

Answer 6

Yes, Yes...no matter if you are doing it or not most cops think birds of a feather flock together.meaning if they are doing it you may be too! I suggest you don't hang around people who don't smoke if your that paranoid!

Answer 7

They can siege your car,

but you probably wouldnt fail a drug test unless you were doing a scooby doo

Answer 8

Maybe to both. If you know they have it, at least in NJ, you are liable because you are the driver.