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 Florida’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 marijuana is found in a car in which you are a passenger, you can be charged with possession of marijuana. However, if the marijuana was not found on you and was not yours, you likely have a good defense against conviction. Conversely, you can also be charged with possession of marijuana if you are the driver of the car and marijuana was found inside the vehicle, even if it was not yours.

In Florida, “possession” is considered either physical or constructive. This means that you are deemed to be in possession of marijuana if (1) it is physically on your person, or (2) it is constructively under your control, meaning that even though it is not on you or with you, you still have some degree of control over it. This includes not only cases in which marijuana is found in your car trunk or closet, but also situations where someone else is carrying it on your behalf. To determine what defenses are available to you, consult a Florida marijuana lawyer or Florida criminal attorney and discuss the circumstances of your arrest.

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

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