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Driver is responsible. At least in Europe.

Added; (in the US) Unless the paraphernalia is actually found on one of the occupants, if all passengers in the interior opf the car could have conceivably reached it, all can be charged with "Concurrent Possession." (e.g.: If the paraphernalia was in the glove compartment, and the back seat passenger could not have had ready access to it, only the two front seat occupants would be charged, the back seat passenger would not be charged.)

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Q: Who can be charged with possession of drug paraphernalia when there are 3 occupants in vehicle?
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