Can I be charged with possession of marijuana if Iï¿½m a passenger in someoneï¿½s car and marijuana is found? What does ï¿½possessionï¿½ mean under Illinois marijuana laws?
UPDATED: February 2, 2020
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In Illinois, as in most states, you can be charged with possession of marijuana if it is found in a car in which you are a passenger. However, if the marijuana was not found on your person and did not belong to you, you have a good defense against conviction in Illinois. Drivers of cars in which marijuana is found can also be charged with possession of marijuana, thanks to the legal concept of possession.
Possession in Illinois can be considered either physical or constructive. Physical possession is self-explanatory: the marijuana was found on your person. Constructive possession is a murkier legal concept that is open to challenge from an experienced defense attorney. Typically, constructive possession means that the person is exercising some degree of control over the object, even if not physically. Examples of constructive possession include marijuana found in the car trunk or your closet, and even when someone else is carrying marijuana on your behalf. If you have been charged with possession of marijuana, consult an experienced Illinois criminal lawyer today to go over the circumstances of your arrest and determine your available defenses.
Follow this link for more information about Illinois Marijuana Laws and Illinois Medical Marijuana Laws