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JPEsq., Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 5106
Experience:  Experience as Criminal Defense Attorney and criminal law professor
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If I am traveling with my boyfriend who has a medical prescription

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If I am traveling with my boyfriend who has a medical prescription for marijuana, and I don't use, and he has marijuana in the car and we are stopped, can I be arrested?

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.

Customer: replied 4 years ago.
Yes, he has a medical prescription in California for marijuana, and that is where we are traveling. I have never used marijuana, and I don't want to be arrested for something I don't even do

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.

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