One 1980 Pontiac v. State

KILGARLIN, Justice.

The issue in this appeal from an automobile forfeiture is whether a small amount of marihuana secreted in a handbag of the car’s owner means the auto is being used in violation of the Texas Controlled Substances Act, Tex.Rev.Civ.Stat.Ann. art. 4476-15, § 5.03. The owner of the vehicle pleaded guilty to a misdemeanor marihuana possession charge. She paid a $50 fine and $82 in court costs. Petitioner, although the owner, was a passenger in her vehicle at the time of her arrest for possession of two baggies of marihuana. Her possession was not incident to the buying or selling…