Roommate is selling marijuana out of our house, are we at fault?

[bagel123]

What is the name of your state (only U.S. law)? Pat, California

I live in a house with 6 other roommates. One of these roommates we have just found out sells marijuana out of our house and our worry is that we might be liable in some way. The simple idea would be to report him or kick him out, but he is good friends with one of our other roommates, so we're at a crossroads. He brings "friends" over and apparently when they come over he will sell them drugs in his room.

What does CA Law state about roommates being busted for drugs, if the drugs are all in his room and we do not smoke them or reap any benefit from his sale of them.

Thanks in advance

 

[CdwJava]

If he pays any bills - including rent - from the proceeds of illegal drug sales, then the property and any of you could find yourself in trouble. Is it likely that the rest of you would be arrested for sales or a related offense? Probably not. Is it possible? Sure.

But, if he comes under police scrutiny, how do the rest of you feel about having your names included in some investigation file for drug sales?

If he remains, there is the possibility that the cops can show up.

- Carl

 

[MikeKV]

Lets start by saying that I'm not a lawyer or legal expert.

To answer OPs question, I would imagine that if it can be proven that any of the other roommates were aware of the activities of the questionable roommate the other roommates can be arrested.

Experts - is this true?

 

[ERAUPIKE]

Lets start by saying that I'm not a lawyer or legal expert.

To answer OPs question, I would imagine that if it can be proven that any of the other roommates were aware of the activities of the questionable roommate the other roommates can be arrested.

Experts - is this true?

They could be charged with conspiracy.

There are three elements: (1) an intent by the defendant that the crime be committed; (2) an agreement between the defendant and at least one other person to commit the crime; and (3) an act performed by one of the conspirators in furtherance of the conspiracy.

 

[You Are Guilty]

They could be charged with conspiracy.

There are three elements: (1) an intent by the defendant that the crime be committed; (2) an agreement between the defendant and at least one other person to commit the crime; and (3) an act performed by one of the conspirators in furtherance of the conspiracy.

Not that I disagree that they "could" be charged with conspiracy, but to be clear, the act required in (3) is an affirmative act. Simply not reporting friend to the authorities is a passive act and thus, not a viable basis for a conspiracy charge.