Can I be charged with possession of marijuana if I’m a passenger in someone’s car and marijuana is found? What does’possession’ mean under Georgia marijuana laws?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 15, 2021

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You can be charged with possession of marijuana in Georgia if it is found in a car in which you are a passenger. However, if the marijuana was not found on your person and did not belong to you, you have a good chance of avoiding a conviction. Similarly, as the driver of a car when marijuana is found inside, you can be charged with possession even if the marijuana did not belong to you.

As in many states, Georgia legally defines “possession” as either physical or constructive. This means that you can be considered legally in possession of a substance such as marijuana if it is physically on your person or if it is constructively under your control. Constructively under your control means that even though it is not on your person, you still exercise some degree of control over it. Examples of constructive possession include marijuana found in the trunk of your car or your closet, and even situations where someone else is carrying the drug on your behalf. In order to defend against a possession charge, talk to a Georgia marijuana lawyer or Georgia criminal lawyer today and inform them of the circumstances of your arrest.

Follow this link for more information about Georgia Marijuana Laws and Georgia Medical Marijuana Laws

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