Does a person have to possess marijuana to be able to ingest it?

California, United States of America


The following excerpt is from People v. Perry, 244 Cal.Rptr.3d 281, 32 Cal.App.5th 885 (Cal. App. 2019):

Appellant attempts to avoid this conclusion by challenging respondents assertion that "[o]ne has to possess marijuana in order to smoke or ingest it." Appellant points out that possession is not necessarily an inherent aspect of smoking or ingesting marijuana. A person can smoke marijuana without possessing it, for example, by smoking a joint in the possession of another person. Caselaw has recognized that "[i]ngestion ... at best raises only an inference of prior possession." ( People v. Palaschak (1995) 9 Cal.4th 1236, 1241, 40 Cal.Rptr.2d 722, 893 P.2d 717.) "[D]epending on the circumstances, mere ingestion of a drug owned or possessed by another might not involve sufficient control over the drug, or knowledge of its character, to sustain a drug possession charge." ( Ibid . ; People v. Spann (1986) 187 Cal.App.3d 400, 408, 232 Cal.Rptr. 31 [" possession, as used in [ Penal Code section 4573.6 ],

[244 Cal.Rptr.3d 286]

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