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 Texas’s marijuana laws?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Jul 15, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
If you were a passenger in a car in which marijuana was found, it’s possible that you can be charged with possession of marijuana. However, if the marijuana was not found on your person, and did not belong to you, you probably will either not be charged with possession, or you will have a good defense against conviction. On the other hand, if you were the driver, you could be charged with possession even if the marijuana found in the vehicle was not yours.
“Possession” in Texas can be either physical or constructive. Physical possession, as it sounds, is physically having the marijuana on your person. Constructive possession means having some degree of control over the marijuana even if it is not on your person. Examples of constructive possession may include cases in which the marijuana is found in the trunk of your car or your closet, or when another person is carrying the marijuana on your behalf. If you have been charged with possession of marijuana in Texas, you should consult an experienced Texas marijuana lawyer or Texas criminal attorney, informing them of the specific circumstances of your arrest.
Follow this link for more information about Texas Marijuana Laws and Texas Medical Marijuana Laws