Is a scale and 2.5 grams of marijuana enough to be charged with intent to deliver?
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Is a scale and 2.5 grams of marijuana enough to be charged with intent to deliver?
Police found a scale and 2.5 grams of marijuana in my apartment while I was out of town. 2/3 of my roomates where home while the search took place.
Asked on February 21, 2012 under Criminal Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Different states in this country have different statutes that set forth the weight of controlled substances that are discovered to establish a presumption of an intent to distribute to establish a higher criminal charge than mere possession of a controlled substance.
In California the 2.5 grams would not be enough weight to allow one to be charged for distribution regardless of a medical marijuana card. However, in Arkansas, the 2.5 grams may be enough under its statutes to be charged for distribution.
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