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If my roommates smoke pot, and i dont, and they get caught, am i in trouble

Buffalo, NY |

Will i get in trouble if my roommates smoke marijuana and i do not, and i am upstairs in my room?
I am a nurse

Attorney Answers 1

  1. You may fail a drug test if you inadvertently inhale some smoke. As far as being responsible criminally, you may be charged under a reasonable suspicion if the police enter and find a lit marijuana joint in the room. If the marijuana is unlit then the police cannot arrest everyone just based on a presumption. While there is a presumption in NY State law that anyone in a room in which a controlled substance is in plain view is presumed to possess that substance, marijuana is not a controlled substance so that presumption does not apply. Now, I have seen many cases where police either don't know that rule or don't follow it and arrest everyone in the room. Distancing yourself by being in a differnt location greatly increases the chances that you will NOT be charged. So it is a good idea to stay up in your room while they get high for all of the above reasons. You should be ok