You could. But for the motor vehicle charge it does not make a difference. More information is needed. 4-49.1 requires operaton on a highway. Also there may be questions on the stop. These issues needs to be examined. You may be eleigible for a CD which will dismiss both charges. Call with more information.
You must KNOW of the drugs being in the car to be criminally liable, so it is possible you could be charged with the other stash, as well. However, for the purpose of CDS in a MV, there is no difference between 1 g, 1 lb or 100 lbs. The penalty is the same high fine and two year license suspension.
Possibly under the theory of Constructive Possession, meaning that you could have had access to the marijuana the other person had even though you did not personally have it in your pocket at the time. However, if you were not charged with possession of the other person's drugs at the time of your arrest you likely will not be charged with it. Please contact my office if you would like to discuss this further. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-