If I Tested Positive for Marijuana can I be Charged with Possession?
NO, testing positive for marijuana, and failing a drug test, is not sufficient to find that a person possessed marijuana. Once you smoke or consume marijuana (or any other drug), you are no longer in “possession” of marijuana nor do you have control over it. Thus, unless you also have marijuana in your possession (e.g., in your pocket), you cannot be found guilty of marijuana possession.
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Drug Cases