Yes, you can be charged with possession of drugs if you are a passenger in a car which contains drugs that are not yours, this is called “constructive possession.”

If the arresting officer is not certain who the drugs belong to, he will charge everyone with “constructive possession.” And the argument will be made that all of the passengers possessed the drugs constructively, and together.

Factors such as specifically where  the drugs were found will come into play, somewhat, when litigating such a charge (For example, if drugs are found in the glove compartment, and you were sitting in the front passenger seat, would be more concerning than if you were sitting in the way back seat of the minivan, however you could still be charged with constructive possession because you were in the vehicle, with the drugs.)

Posted in: Criminal Law