What will the consequences be for a second time offense of having marijuana in my truck?

Asked over 5 years ago - Tucson, AZ

My boyfriend who is 21 was recently pulled over for speeding. The officer asked to check his truck, my boyfriend asked why but agreed. The officer found a marijuana blunt in the back of the seat. My bf told him it wasn't his but knew whose it was, he had given a friend of his (who smokes weed) a ride home. The officer placed him under arrest and then let him go telling him he would have to go to court next month. This situation has occurred to my bf when he was 18 as well. He is very worried and I was wondering if someone can help me in telling me the max and minimum consequences that can happen. Thank you so much, I hope to hear from someone soon. I can be reached at [email address removed] or [email address removed].

Attorney answers (2)

  1. Nicolas A. Gordon

    Contributor Level 11

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    Answered . Your boyfriend is presumed innocent. Under the law, if he did not know the blunt was in his truck he was never lawfully in possession of it. Possession means you know the item exists and you have the intent and the ability to exercise dominion and control over it. I would advise your boyfriend to fight the case and to convince his friend to do the right thing and testify in court that he had smoked the blunt and tossed it in the truck and your bf had no knowledge of this. Good luck and let me know how things turn out.

  2. Lawrence Abram Kohn

    Pro

    Contributor Level 7

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    Answered . In some states possession of marijuan can cause a license suspension, even if the person is not driving. However, this is a case where the "equal access" doctrine may apply. If a person has access to the space where the drugs were fund and your boyfriend can show this, he might be able to present a great argument to a judge or jury during a trial, that someone else had possession of the marijuana. The state must prove that boyfriend knew the pot was in the car. If I put a joint in his pocket and he did not know, then he should not be guilty of the charge, the same thing applies here.

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