Is a scale and 2.5 grams of marijuana enough to be charged with intent to deliver?

UPDATED: Feb 21, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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