If I live in the same house of someone who has marijuana and they claim full possession and responsibility, can I get arrested too?

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If I live in the same house of someone who has marijuana and they claim full possession and responsibility, can I get arrested too?

Asked on September 19, 2011 under Criminal Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends entirely on the facts and evidence. If there is evidence showing that you had possession, used, sold, etc. the marijuana, then even if the other party is willing to take the blame and the fall, you could face criminal charges. Certainly, the fact that the other party is claiming full possession and responsibility is a fact or evidence in your favor; but you have to look at the totality of evidence. Was marijuana found in your bedroom, closet, or dresser? Did you smell of marijuana or fail a drug test? Is there anyone else who will testify that they saw you buy or use the marijuana? Etc. One person cannot automatically absolve another by taking responsibility; instead, the law looks at all the circumstances and evidence of criminal activity.


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