If I am with someone who is in possession of drugs, am I too in possession of them?

If I intend to use those drugs but have not yet, am I breaking the law? Is intent to use without having drugs on my person illegal? If my friend was caught with drugs and I was with him, can it be proved that I intended to use or was privy to his possession?

Asked on September 15, 2014 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Intent by itself does not equal crime. But intent coupled with any assistance at all could make you guilty of being an accomplice (also called aiding and abetting liability) or of conspiracy. And, or course, if you were near the drugs, the authorities may believe that they were yours, too--especially if your friend tries to get a better deal for himself by claiming that some or all of the drugs were yours.


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