I Got Caught With Marijuana That Wasn’t Mine in Alabama

Did the police search a car that you were driving and found marijuana that you didn't know existed? Did a friend ask you to hold their marijuana briefly in your purse, and you ended up getting arrested when you never intended to use the drug? These and similar situations are all too common, and they can result in serious criminal charges. If you are arrested for marijuana that wasn’t yours, you should immediately seek help from a Montgomery criminal defense lawyer.

What is Marijuana Possession?

If you have drugs near you that aren’t yours, you might assume that you are not “in possession” of marijuana. However, the concept of possession under drug laws is a complicated one, and there are two different types of possession.

First, actual possession means that you had actual physical control of something, which generally means the marijuana was on your person, including in a purse, pocket, or another location in your clothing, or at least very near your person. If you knowingly hold marijuana for a friend - even if you never planned to use it or sell it - you had actual possession of the drugs. This is enough for a marijuana possession charge.

However, police can also arrest you (and prosecutors can issue charges) based on constructive possession. This means that the marijuana was not on you or in your immediate control, but that the drugs are somewhere that you could access and control them. This can include inside a vehicle you are driving or that you own, or inside your apartment or house. If a friend stashed marijuana in your car or home, you can still be arrested for having it there, even if you claim it wasn’t yours.

Did You Know About The Marijuana?

In order for the prosecutor to secure a conviction for marijuana possession, they must prove that possession was “knowing.” This means that you were aware of the presence of the drugs in a certain location. If your friend borrowed your car and hid marijuana in the glove box, and you never opened the compartment, and your friend did not tell you, a possible defense against possession is that you had no knowledge of the marijuana. However, this might require your friend admitting to secretly hiding the marijuana, which they might not be willing to do. In addition, prosecutors and juries often hear the defense of “I didn’t know,” and they simply might not believe you.

Proving that marijuana was not yours and that you didn’t know about it can be a challenging task, and you always want to have a highly experienced drug possession attorney defending against your charges.

Seek Help From a Montgomery Marijuana Possession Lawyer Today

Marijuana possession is still a very serious crime in Alabama, and a conviction can mean a criminal record, fines up to $6,000, and up to a year in jail. It is essential that you mount an aggressive defense against these charges. To learn how a Montgomery criminal defense attorney can help, call Luck Law at 334-262-5455 or contact us online right away.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. No attorney-client relationship is established by requesting a consultation or by emailing the firm. Information submitted in such communication is not privileged and may be subject to disclosure.