Legal weapon in car, passenger has marijuana?

Legal & Second Amendment
1

Hello-

The scenario: I am driving my car, and carrying my lawfully authorized weapon, and get pulled over for some reason. In the course of the stop, the police discover that my passenger or spouse is legally carrying some recreational weed, or other variation (CBD, gummies, what have you.) I don’t use it, and it is not on my person.

Am I at risk? Have I broken some law for which I can go to jail right then? Does it matter if my gun is on me, or in the console or glove compartment where the other person could conceivably access it?

Thanks!

10 Likes
2

It depends on what the arresting officer and prosecutor decide to do with you and your passenger (and your vehicle, which could be subject to impoundment under civil forfeiture laws depending on the state in which you live).

They could decide to charge you or your passenger on a theory that you were in constructive control of both the marijuana and the firearm since both were found in your car.

Then, you’d get to spend your money on a criminal lawyer(s) to argue to the contrary and appeal if necessary. In contrast, the prosecutor has a virtually unlimited war chest of taxpayer money to draw from to prosecute you and the arresting officer is generally immune from prosecution for false arrest under the doctrine of sovereign immunity. You could argue that sovereign immunity does not apply, but again, you’d have to do so with your own money and lawyer whereas taxpayer dollars would fund the opposition to you and your argument.

10 Likes
3

Mark: I would agree with your comment 100% and add that remember Biden’s son got his conviction because he lied on his firearms permission slip about using drugs, so depending on who is occupying the Gray House and what stance he/she/it is taking on firearms, you could also be in federal trouble for perjury. Read the book Three Felonies a Day to put a real chill on your situation. Whatever you do, don’t tell the officer it is okay if he looks through your car. Unless he has a reasonable cause to believe you might be carrying contraband he doesn’t have a right to search your car for a traffic stop. If the weed is in plain sight or your companion has been smoking weed in your car, be prepared to spend some time proned out in the gutter while back up arrives. I don’t know what state you are in and what the laws are with regard to weed in the state where you are operating your vehicle, but laws, DAs and cops varying widely from state to state and from political entity to political entity.

8 Likes
4

I don’t know about other states, but moved from NY.

While there some years ago a case made the news about a passenger in a car with some / any amount, of any “illegal” drug.

It came out that if all denied possession, no one admitted it was their’s, that all present in the vehicle were charged with possession of that drug, all were arrested and booked into jail, and all had to answer for that in court.

Technically all could be found guilty.

I don’t know what state you are in, and how your laws read on that matter, especially in regard to anyone carrying a firearm in that vehicle.

But, in that scenario above in NY, your legal status to carry could be in jeopardy depending on how the trail goes.

If the person found with a lawful drug that is not considered lawful while carrying would jeopardize your status would need to be checked or researched in advance, by your state’s laws to be sure you are not risking anything. I would not make any assumptions about that not knowing pertinent specifics.

I understand theoretically you could argue copping a plea, but that might not be how your state interprets their law.

To be safe, if it is your spouse, and they have to ride with you, I would have them leave whatever home, and not bring it along with you carrying, would be your safest bet, until you find out otherwise for sure.

10 Likes
5

Greetings & welcome, Denis12. Thanks for joining the community, we’re happy that you’re here.

Yes, you would be at risk.

It is against federal law to use or be in possession of marijuana while also in possession of a firearm, regardless of whether it has been decriminalized in your state.
(See form 4473, question 21.e.)

As the driver/owner of a vehicle, you could be considered as “in possession of” all items within your vehicle.

If you were in court, your defense attorney would likely (hopefully) try to make the case that you were in “unwitting” possession. Success of this defense would likely be more difficult the closer the relationship between you and the person with the marijuana. In other words, if the passenger were your spouse, it may be quite difficult to say that you were unaware of their marijuana possession.

11 Likes
6

Best answer on topic.

6 Likes
7

Welcome to the community!
Of all the things you mentioned, this most likely is the one that matters.

5 Likes
8

Personally I would not let that scenario happen to begin with.

Ask an attorney

5 Likes
9

@Denis12 Welcome to the community, and :thinking: WOW!!!, great scenario, and lots of great input, as well, from great people in the community, but nonetheless I value my freedom, 2A, Constitutional Rights that I would with all my best to never jeopardize any of it to have a pot smoker (legal or not, drugs etc.) as a passenger in my vehicle. Even though, I am a military veteran, and also, as I haven’t been retired as a Truckdriver for too long, I still possess a Commercial Driver’s License that I can’t afford any infractions. So, for your scenario it’s a catch 22, you’re damned if you do, or damned if you don’t. We’re all aware of the lawmakers, legislators, anti-gun activists. All this legalization of recreational MJ, and/or other variation (CBD, gummies, what have you) is nothing more than to through another monkey wrench into our Constitutional rights and privileges to loose them, or cause costly to fight hard to regain them. It’s just another Political “TRAP” to make people happy. They KNOW people like to party hardy, and in the mix are those who legally carry, and at some point when one least expects it “”!!!:index_pointing_at_the_viewer:GOTCHA"!!! :man_police_officer: :grimacing: So, in your scenario, you may be at risk, you may get arrested,go to jail, and it would matter if your gun is on you, but :point_up:GUN UNLOADED LOCKED IN CONTAINER out of reach or in the trunk would be better than unsecured in the console or glove compartment, probably because KNOWINGLY or UNKNOWINGLY you are responsible for anything/anyone in your vehicle. Now if one gets pulled over, :man_shrugging: "Officer, I’m only a designated driver, sir :grin: and driving my friend home :grin: hoping that may work. (I am not a Lawyer). My two cents! :grinning:

4 Likes
10

I’m guessing you live in a state that allows recreational cannabis?

Are you being stopped by the FBI?

If not I doubt the officer would even care about the weed, unless some other crime had been committed beyond a minor traffic violation.

The thing about this line is it asks if “YOU” are illegally using or are addicted to any federally regulated substances, not your spouse, child, or acquaintances who might be in your vehicle or home.

I would think that the only way they could pin possession to the firearm owner would be if the spouse child or acquaintance was in possession of salable amounts and there was clear intent to distribute.

But again, as stated several times, for an accurate answer, talk to your lawyer.

7 Likes
11

A. Talk to a lawyer. B. IMO, the only time reefer would become an issue is if you lied about using it when purchasing your weapon (ask Hunter Biden), or if you are under the influence of it when you felt you needed to discharge the weapon. If you’re legally in possession of your piece, what your passenger sticks up their nose shouldn’t be anyone’s problem but their own.

4 Likes
12

Welcome Denis12.

To the group,

Revere the roles, you are a legal concealed carrier, but a passenger. The driver is not intoxicated but has marijuana on his/her person. The driver has a state license to posses marijuana, gets pulled over by an officer. We as said passenger should not have any legal concerns at all, correct?

2 Likes
13

Law enforcement possibly backed by a court could have a different opinion, especially their interpretation of different circumstances or scenarios.

As was pointed out a state’s legalization of marijuana, and the federal government’s prohibition against it are in conflict here.

The gun laws of my state say clearly that the carrying of firearms is prohibited :no_entry_sign: under seven criteria including one by federal law.

If you have access to whatever is in the passenger compartment the LEO, might use that extended interpretation the same as it’s applied in the federally secured areas of airports, and border ports of entry regardless of state laws that airport, or border crossing is in.

I would say not to take the chance of risk that any given situation, or scenario might go sideways.

Like not having a valid proscription for medical marijuana, or an excessive amount is still illegal.

LEOs in states that legalized marijuana still enforce whatever restrictions one might be out of bounds of.

1 Like
14

Legal or not just apply for a pardon :wink:

3 Likes
15

Still, that’s after the going through the whole criminal justice process, arrest to conviction, time and expense, etc.

Having an arrest record, and conviction that might not get expunged, and if for a scheduled substance, or DUI offence get prohibited from having a firearm.

If that is your case, then maybe that is your route to clearing your name.

But, if you have a clean record, I would not risk anything thinking one might get a pass.

If your charges exceed the limit of what the pardon allows for, it will not apply, and not get your record cleared up.

2 Likes
16

Weren’t there several City DA’s that would not prosecute people for possession of weed or even shoplifting?
California, Prop 64?
But then again does the average LEO know the current laws or do they just go with what they know yesterday ?
@Johnnyq60 any incite?

4 Likes
17

Yes, there seems to be a lot of “blue” do nothing prosecutors in blue cities, and states, that do only a disservice to their communities.

2 Likes
18

I don’t disagree with you.

However, marijuana is currently still considered a Schedule I drug, federally. Form 4473, as you mentioned, does ask “Are you an unlawful user…?”. The question is then followed by this message:

“Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside.”

The chance that you’d be taken to jail on the sole basis of carrying a firearm while also in possession (“possession” in this proposed scenario would also be debatable) of marijuana are low, I agree, unless there was some other undisclosed factor to the cause or circumstance of being involved in the law enforcement interaction.

Is it an immediate “go directly to jail” card? Unlikely
Would or could the driver (firearm carrier) be at risk? Yes
Are there risks, other than criminal? Possibly (could the CCW be revoked?)

There are and have been cases around the country involving CCWs, firearm purchases, possession that involve marijuana, both for medical and for recreation purposes. The rulings have been a bit all over the place. Some contested and overturned, others not. If or until marijuana is federally re-classified or decriminalized, there will remain some level of risk when a firearm and marijuana are in some way “connected”.

If I were a user, lived with, travelled with, directly associated with someone who was (or in possession of), I would take the necessary steps to mitigate that risk. For me, that would include not allowing a vehicle passenger to bring their marijuana. Again, for me, it’s just not worth the potential risk.

On the other question, I live in Florida, it has been decriminalized for medicinal purposes, but not for recreation. I am also not a user and wouldn’t be even if it were 100% legal.

5 Likes
19

In this scenario, the marijuana is in your car. You are driving, it’s your car, it has marijuana in it.

There a lot more at play here than something up someone elses nose. Not that I have ever heard of marijuana being used that way

5 Likes
20

This in combination with ask an attorney are the only correct answers.

JMO

Not a lawyer

4 Likes