Can I be prosecuted for my roommate's drugs?

[dailoshane]

What is the name of your state? TX

I live in a condo with three roommates. We each have separate bedrooms, and our lease agreement with the landlord clearly defines each individual's liability for damage, stains, etc. in the various rooms. Namely, we are individually liable for our respective bedrooms/bathrooms and are all liable for the shared areas (kitchen, balcony, living room).

Two of my roommates occasionally enjoy smoking marijuana on the balcony. If for some reason, a neighbor were to report illegal activity and the police were to search the apartment, could I be prosecuted for my roommates' possession? Also, would my firearms be subject to seizure if they are kept in my bedroom? I had legally purchased these firearms without any illegal modifications.

I have no criminal convictions on my record, only a few dismissed traffic charges and a deferred adjudication for minor in possession of alcohol from a few years ago.

Thanks for your help.

 

[ptlmejo]

As long as you legally posess the firearms, I don't see what the problem with them is.

It is possible that you could be charged if they wouldn't speak up about ownership should the police decide to obtain a search warrant for a couple of "users"...convicted...that's another question.

 

[CdwJava]

Very often, others can get caught up in a net intended for their close friends and roomies. If they get popped for dope, you might get rolled up in the same arrest or criminal complaint ... especially since you know about the activity.

If I were you I would consider new roommates or consider moving. It's better to be safe than sorry. Unless you have the money to pay for lawyers to prove your inoocence.

- Carl

 

[dailoshane]

Alright. That's all I needed to know. I'm going to explain to my roommates (the firearms make me very influential) that it's a good idea to stop smoking on the property. Thanks guys.

Shane

 

[<Bill>]

Did these questions on form 4473 make you wonder about the guns?

http://www.atf.gov/forms/4473/


Note the reference to Marijuana on 12E, unlawful user of Marijuana.