Criminal Law Questions? Ask a Criminal Lawyer.
Yes. If you are in a place where his prescription is not recognized, you could be charged with possession. Even if he tells the officer that it belongs to him, anyone who can exert control over the area (if it is in the car basically) could theoretically be charged with possession of marijuana.
As a practical matter, if he has prescription, and he admits it is his, most officers would not charge you, but it could definitely happen.
I see. I thought you meant that you would be traveling outside of California. If you were stopped by a State, City, County police officer, nothing would happen. It is legal to possess under the California laws, anywhere in the State. There is no possession penalty under the State laws.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).