Validity of a POM Charge in a shared space

[AllTheCupcakes]

Few weeks back my friend and I were in a car down by the coast, after having smoked some marijuana a few hours previously, when we were confronted by local PD.

We were both cited for the marijuana, even though the marijuana belonged to my friend, due to the fact that the plant was in the car and not on either of our persons.

From what I've read on the internet about similar situations, you can be charged for knowledge of marijuana in a jointly owned space even if it didn't belong to you, but I haven't been able to really find out if it applies to spaces in which you are a guest, I.E. the shared space of a friends car, which I would hold no deed of ownership to. I'm fairly certain it doesn't make a difference, but I'd really appreciate some clarification to see if the citation is worth contesting.

Thanks

 

[tranquility]

Possession is not about ownership, but intent. Did you intend to possess the marijuana? From your description, you were aware of it and could have exerted dominion over it, so I'd say you were in possession. It does not matter if you were in another's place.

But, see an attorney.

 

[justalayman]

I'm fairly certain it doesn't make a difference

go with your feelings.

and I do not agree with tranquility's statement which describes actual possession. It is more to do with what is called constructive possession which means, have you or are you able to express control over the item. It does not require intent while actual possession does.



and since you smoked some of the dope, it shows you did have constructive possession of the drugs present even if there wasn't any actual possession.

 

[CdwJava]

What state are you in, and what statute have you been charged with violating?