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Who Gets in Trouble for Hotboxing?

By Hager & Schwartz, P.A.

January 14, 2019

Let’s face it: few people smoke on their own. When people want to smoke weed, it’s typically in a social environment with some close friends. Some stoners’ favorite pastime is to drive to a secluded area and hotbox a car with their friends. While hotboxing is one of the best ways to get the most out of your bud, it’s important to know the legal ramifications of hotboxing: specifically, who gets charged if Florida police catch you smoking.

Who Gets in Trouble for Hotboxing?

Florida law isn’t hard and fast when it comes to the actual definition of “possession.” However, if police were to find you and a friend hotboxing a car, they would probably arrest you and bring you in for processing. Once there, the police would test your blood for THC (the main active ingredient in cannabis). If your test shows positive for THC levels after police found you and your friend hotboxing, they will make the case that you had “joint possession” of the cannabis used. However, possession isn’t the only charge you need to worry about.

Possible Charges Related to Hotboxing

In addition to possession charges, hotboxing in a car could lead to other charges:

  • While you weren’t driving your car, state law says that anyone sitting in a driver’s seat of a vehicle while affected by drugs or alcohol can get a DUI charge. Therefore, whoever is in the driver’s seat while hotboxing could be charged for driving while under the influence of drugs (DUID).
  • If the group was using a glass bong or something similar to hotbox, police could charge the owner with possession of drug paraphernalia (a misdemeanor in the first degree).

As you can see, hotboxing with friends in public is a risk to your criminal record. If you or a loved one is charged with any drug crime, Hager & Schwartz can help you fight for your case.

Charged with possession? Call (386) 693-1637 for an immediate consultation for your case.