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"It's unlikely that all will face the possession charge. It's far more likely that the driver alone will face that charge, since the driver is assumed to be responsible for everyone, and everything, in the vehicle."
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Sorry but that's just not true. This kind of thing happens all the time. Unless one person at the scene admits possession of drugs (and sometimes even when they do) the police will often simply arrest everyone in the vehicle under the legal theory of "constructive possession."
This happened in Florida, and I am not familiar with their law, but in Alabama the line between misdemeanor and felony possession of marijuana is the distinction between "for personal use" and "for other than personal use." This distinction causes lots of problems since it is not well defined and the line can move from jurisdiction to jurisdiction and even officer to officer. This leaves the lawyers to have to clean things up later on.
I do agree with those that say that marijuana should be decriminalized. When I hear about college kids being arrested for weed, it doesn't even register on my radar, outside of the embarrassment it brings to their program.
Unfortunately, the indications are that Alabama will be among the very last to see what kind of revenue could be raised by the legalization and taxation of weed and to act on that evidence.
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