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hey everyone, i was wondering if having a scale with 18g of mj in your car would count as possession (a misdameanor) or would the scale and a couple loose bags make at traffiking (a felony)
i usually carry my scale, some loose bags and less than 20g mj on me if im going to a friends house to hang out but was thinking i was beating a felony by having less than 20g on me but just didnt know if the scale fucks it all up????
any advise??
thanks in advance,
Ronjohn
Probably depends on whick state you live in. Here in Washington it would be a felony.
Why are you cartin a scale around w/ you Einstien ?
Of course you look like a criminal / dopeman .
Crispi :stoned:
if u only had a scale on u and no baggies you would have a defense against the distribution charge: I use the scale to make sure i get what i pay for, period. that is ofcourse if the amount of weed u have on u can be put into criteria of personal use, i would say most places 1 or 2 oz is the limit.
if u got 18 grams of marijuana, a scale and baggies in your car, you are seen as a drug dealer in the eyes of law and u have almost no legal defense in such a case, although u can use the story u mentioned above, i doubt any lawyer, judge, jury or officer will buy it.
plus depending on state, there might be a Delivery charge as well, even if u r truthful and give it away and dont sell.
hell even just a scale alone, along with some baggies and some cash and WITHOUT ANY ILLEGAL MATERIAL (substance or paraphernalia) constitutes to "contraband" and is going to get u some sort of charge. although that is easy to defend with a good lawyer. I have seen people who have been charged just for this very same contraband only thing.
I'm no legal expert, u should always consult with a lawyer for a firm and correct answer to such questions.
good luck
There is a huge difference between 'possession with intent to distribute' and 'trafficking'.
Having a scale and weed in your car makes you a shoo-in for an intent charge; however, to fit the guidelines for trafficking, the prosecutor must show that you are in possession of enough WEIGHT to fit the guidelines for that charge.
Don't travel with scales, silly goose.
In New York you are just asking for trouble carrying baggies and scales.
In MY eyes, if you are travelling with a scale and weed and empty baggies, you are a dealer. AND I'M PRO-CANNABIS! The empty baggies is the real clincher:wtf:
I think the law would have no doubt
Oh geez, I justs noticed this part:
"i usually carry my scale, some loose bags and less than 20g mj on me if im going to a friends house to hang out"
Usually when I am on my way to a friend's house, I bring a joint, an extra sweater in case they are cheap mofos who keep their thermostat at 50, that pile of Tupperware they left at my last potluck, and the dog. But that's just me...
Come ON. You travel with BAGGIES? What are you, nuts? Please tell me they are to scoop up dog shit and throw it away when you are at the park with your scale and 20g of nug...
In the state of Florida, the law doesn't throw scales under the term of paraphernalia. The baggies might show intent to sell but a court shouldn't bump up the charge to felony because you have baggies. I would keep the baggies and the scale in the trunk or away from the buds, just to be safe.
I think we are forgetting how the legal system works. When you get pulled over and the cop smells marijuana in the car this gives him the right to search your car.
First off protect your rights, do not smoke MJ while driving! if you do get pulled over for say speeding and he asked to search your car. You politely tell him/her "no" he/she may ask up to 3 times and say "NO" politely every time, and he will have to let you go or get a judge to issue a search warrant.
Now lets say he did search your car and found all this stuff. I can guarantee you he will charge you with intent to distribute. and every other charge he can think of. The cops are the ones making the charges and do this to make sure they get you for something and let the courts decide on the convictions. In the mean time you will be sitting in a cell or if you have enough money you may get bailed out. Then pay the lawyer for every charge that the officer gave you including the intent to distribute charge which will come to around $7,000 to start with. Then when the Jude or Jury see a box of baggies, a scale, and a bag of MJ in front of them. I wish you luck on not getting convicted of the felony. Sure you could say it was under the weight of a distribution charge but they will counter it with "you may have already sold it".
So ask your self. Is it realy worth it to take the risk?
JG
I forgot to add a few things.
After you have been arrested with these charges. The cops will immediately go to a judge and get a warrant to search your house or place of residence and find the mother load if thats where you keep it! Also any cash you have on you or at your residence will be confiscated as evidence. Your car will be confiscated as evidence and possibly forfeited if convicted, depending on state! Same goes for your house.
Just some more to think about.
It all depends on the laws of you State an city. I had 1 bag = 1 blunt an they tried to say i was traffickin. But then they found another person wit a lot more than me an i seen my window to disappear on them an i did. As on the other side of town i was pulled over (light was out over my plates) i had 2 halfs an police took 1 an left me 1 so it all depends on the state,city,police,an most of all your Laws
When they come to your residence an do not find anything they can't take no money. An if you get a really good lawyer you can file a civil suit against them. 3 or 4 civil suits against them if you when they cannot legally come in your place unless they have really hardcore evidence against you and it still hard for them to get an okay. An it just don't make sense if you got a mother load at home to be out doing stuff to draw attention to you or your place of residence.:rastasmoke:Quote:
Originally Posted by Jerry Garcia 2007
Sorry to keep posting but to your main question Yes in majority of places if there is anthing on your scale a lilttle leafs anything and you have over a quarter usually they try to charge you with trafficing. I just had gone threw alot of diffrent charges an happy to say i beat them all. But agagin sorry for all the back to back posting.
it all depends on where you live. a scale does not automatically get you trafficking charges. you will get possesion with intent to distribute. cops always through around charges to try to intemidate people. here is the federal guidlines for what constitutes trafficking.
DEA, Federal Trafficking Penalties
less than an ounce is nothing. in a couple of cities around my area (dallas) you can posses up to 2 ounces and it's just a ticketable misdemenor offense with the police having the option to take you to jail.
and yes they could therotically get a search warrant and search your residence i highly (no pun intended, although i am blazing at the moment!) doubt they would waste the time and man power to do so. and yes if they found enough they could seize all of your porperty, cash, cars etc. i'm not sure what the cutoff point for seizure is.
anyhow. hope that helps some. and if they do try to stick you with trafficking charges any decent lawyer and most public pretenders (court appointed attorneys) could and should beat it. more than likely they will try to plea bargin with you. either guilty for your current charges for lesser sentincing or guilty to lesser charges. and even then you would probably (depending on your previous record) get probation anyway. misdemeanor at that.
but be careful becuase probation is a trap. it sounds good, especially if they offer you deffered adjudication. make sure to consult with your lawyer and if they offered you deffered ask them:
1. what class misdemeanor is it (C, B, A)?
2. when i'm done do can i file a motion of non-disclosure? (this allows you to file a motion that will keep people from seeing your charges/adjudication depending on your state/local laws. basiacally it allows you to say no when asked have you been convicted of.... on job and apartment applications. if they look into it still shows up so makes sure to ask about this!)
3. if i can file a motion of non-disclosure how long do i have to wait. (some charges have a waiting time after completion of probation (community supervision) before a motion can be filed. this can be a couple of months to a couple of years. some charges don't allow the filing of said motions. this is usually for more serious charges such as assault or sexual assult etc. it is not limited to these. i'm just giving you an idea about my state/local laws.
they might offer you jail time instead. you might consier it depending on your job, and ability to sit it out. if you can't get deffered or can't file a motion afterwards and it's gonna show up regardless this might be a better option for you. probation sounds good but ends up costing you more time and money than it's worth, depending of course! you usually get commnity service and sometimes drug classes and evaluations that cost more on top of your monthly probation/restitution/court costs/fines.
hope this helps a bit. make sure to talk to your lawyer! ask questions. know what's going on and know your options! understand the long term.
-shake
-shake
i wouldnt be carrying a scale period because if you happen to run into a mean babylon he would go hard out here in ny if you get caught wid baggies alone they would go hard to charge you with intent to sell my best advice is scale it inside n toss tha loose bags :rastasmoke: