Can someone with a shared locker be charged for drug possession? 8 Answers as of March 29, 2012

Technically, yes. Sharing a locker with another individual constitutes constructive possession. However, if the lawful owner of the marijuana admits to being the sole owner, the non-owner may be granted some leniency.

If two persons share the same locker and the locker is assigned to both then both can be charged with the illegal substance found in the locker. The person that did not have the illegal substance would plead not guilty at the arraignment and have his attorney try to get the case dismissed at the pre-trial.

The short answer is yes, you can be charged. But the prosecution has to prove knowledge in addition to presence in a common area to get a conviction (there is a big difference between being charged and being convicted, that is, proven guilty to a judge or jury, beyond a reasonable doubt). If you didn't know the drugs were there you can't be held legally accountable. On the other hand, if you knew, and allowed you locker-mate to keep it there, you might be in legal possession. Actual ownership, however, might be a good defense.

I can't tell from the question if the pot was found in the locker or on your friend's person. If it was not in the locker you seem to be in the clear. If it was in the locker, the prosecution still must prove you knew it was there and had access to it.

Yes this would be a concept of"joint and several possession" but easilyo remedied by having this legalstudent claim it is all his and that the other student didn't know about it. If it is obvious that the other one knew, then the owner says that the other guy was not allowed to touch it. Should work.

One can be charged. Proving the fact of possession is difficult.

Yes. Either or both can be prosecuted for shared possession.

Yes if it is a knowing possession.