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?

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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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UPDATED: Jul 15, 2021

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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

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