Will my son be charged for possession of marijuana because it was in his car?

Possession of Marijuana charges

Question:  A friend of my son was smoking marijuana in my sons car and they were caught by the police. My son does not smoke marijuana. Also, the cop did not have him do field sobriety tests or anything like that so I don’t think he thought my son had smoked anything.  Will he be charged for possession of marijuana because it took place in his car?

Answer: I would need information, but if there are drugs in the car, then it is possible they can charge him with possession…although there are a lot of possible variations and defenses?  Did your son get arrested or cited for possession of marijuana, or anything else?  That is generally a good indicator of what will happen.  Although it is possible to get charged at a later date even if there was no initial citation given on the date of the incident occurred, in a situation like this, I would expect the officer to give a citation or make an arrest on the night in question if there are going to be any charges filed.

Feel free to call me at (818) 336-1384 if you would like to discuss this case further.  I have handled cases similar to this, where the driver was charged with possession of marijuana even though the marijuana was a friends, and not my clients.


Philip Hache

Criminal and DUI Defense Attorney