For a possession of marijuana case, the Commonwealth does not have to prove that you actually used marijuana. They don’t have to prove that it was in possession in your body. All they have to prove it was in your possession. The normal way they prove that is by showing that they found it in your vehicle or that they found it in your pocket or something like that. They don’t have to prove that you were actually smoking the joint; they just have to prove that you had control over it and that you knew what it was.
It’s ironic that possession of marijuana is proven in the opposite way that possession of alcohol is proven. For an underage alcohol charge, typically the Commonwealth proves possession by providing that you drank earlier. However, there’s no requirement that the Commonwealth prove you smoked marijuana.
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More about possession of marijuana...
- Possession of Marijuana – Options for Your Case
- Losing Marijuana Defense – I Only Had a Bowl
- Losing Marijuana Defense – I Only Had a Little Bit
- Losing Marijuana Defense – I Didn’t Smoke Anything
- Losing Marijuana Defense – The Officer Didn’t Have a Reason to Search, but I Consented
- Losing Marijuana Defense – It Wasn’t Mine
- Winning Marijuana Defense – The Officer Made an Illegal Search
- Winning Marijuana Defense – It was NOT Marijuana
- Winning Marijuana Defense – The Officer Didn’t Have a Good Reason to Stop Me
- Winning Marijuana Defense – I was NOT in Possession