Who Gets Charged when Hotboxing?

"Hotboxing“ is when people smoke marijuana in an enclosed space to maximize the narcotic effect of the drug. Typically speaking, most smokers hotbox with friends, and often these groups will hotbox in cars. However, if Minnesota police find one of these groups hotboxing a car, who will get charged?

Potential Charges Related to Hotboxing

Drug Possession

If cops find a group of people hotboxing a car, the first potential charge the occupants may face is for drug possession. Cops will try and establish possession between a person/people in the car and the drugs in the car. Therefore, if cops roll up and you’re the one holding the drugs, you could be the only one charged with possession.

Let’s assume the drugs are on the floor of the car or the dashboard rather than on a person. If no one is in actual “possession” of the drugs when cops find them hotboxing, the police may say that the owner of the car was in possession of the drugs. If the owner of the car is not present, the guilt may fall on the driver of the vehicle or whomever the drugs are closest too.

Possession of Drug Paraphernalia

If the group is using a pipe or bowl, the police will charge the owner with possession of drug paraphernalia. A charge for possession of drug paraphernalia can result in up to a misdemeanor level charge.

Driving While Under the Influence of Drugs

If someone is sitting in the driver’s seat while hotboxing, he or she could be charged for driving while under the influence of drugs (DWI). Based on DWI laws, it is possible for police to charge someone in the driver’s seat with a DWI if they're under the influence of a controlled or intoxicating substance: even when the car is turned off.

As you can see, there are a variety of charges hotboxers can face if caught in the act. However, if you or a loved one has been charged with a drug crime, Caplan & Tamburino can help you fight for your case!

Charged for hotboxing? Call (612) 444-5020 now for a free consultation!

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