Drug Crimes, Substance Abuse Drug Trafficking vs. Drug User

[CitiBy]

I understand that if someone is found to have over a certain amount of a controlled substance in their possession, they may likely be charged with trafficking. But what if this person is a user and not selling or distributing the drug? What is the law on this particular issue?

 

[jharris352]

If you have a certain amount of a drug you will be charged with the "intent" to distribute. It is a "rebuttable presumption" in the law. Things that will work against you are a large amount of the drug, unused baggies, having the stash of drugs "bagged up" in small units, having scales, and anything else that makes it look like you are running a business (books, client lists, records). If you have some of these things but not others your attorney can rebut the presumption of "intent to distribute." Does that help?

 

[CdwJava]

Depending on the amount, the state might also testify that "personal use" would not be realistic. We once had a case where a guy tried to make a personal use claim for nearly 50 lbs of marijuana! A state drug expert testified as to the common usage amounts, frequency of use for even a hard core user, and the "shelf life" of the dried marijuana and showed that there was no way he could realistically smoke it all up before it went bad even if he stayed high 16 hours a day. It was rather humorous to picture the images he conjured up in the mind!

 

[jharris352]

CDWjava is of course right. If you have two ounces of cocaine they are going to say that you have the intent to distribute, but absent some supporting evidence they are going to have a hard time making that stick. Nonetheless if you have a half kilo you are going to be hard pressed to show that it's personal use. Even two ounces is getting to be a lot to explain away. Anymore than that and no one is going to believe personal use.