Interesting Possible Loophole to avoid intent to distribute

[DuskrayTroubador]

I remember reading somewhere that the way they get people with intent to distribute is when it's packaged in multiple bags and or cash present at the scene as well. So theoretically, if you had one bag containing say 8lbs you could get off the intent charge and claim it is your personal stash as long as you don't have cash with you too.

Am I correct in this thinking (as long as the state doesn't have a prima facie amount for intent to distribute)

 

[Stress_test]

Yeah but in most states the amount is like an ounce.

You can also avoid distribution charges if there aren't any scales and you are under the possession limit. As long as it's not packaged for distribution...

 

[kmk420kali]

A few years ago, Orange County Sheriff put out a Memo, stating that with the advancement of MMJ, the criteria for "Sales and Distribution" have changed--
Patients sometimes have multiple bags of MJ, due to growing different types, and scales to determine how much they have produced-- (Very paraphrased)
I have looked, and not been able to find this again...but I swear, it was there--

 

[qupee]

Thinking a loophole is really going to save you from anything means, imho, that you greatly misunderstand how the legal system actually operates.

 

[Sam the Caveman]

Thinking a loophole is really going to save you from anything means, imho, that you greatly misunderstand how the legal system actually operates.

yeah, seriously, its basically up to the judge.

Do you really think your not going to get a distribution charge just because your 8 lbs of dank was in one bag.

The cops can charge you with whatever they want, this is where a good lawyer comes into play and make them prove based on hard evidence every single charge beyond the shadow of a doubt. Mere speculation about something doesn't really hold up, unless your lawyer sucks.

 

[DiscoBiscuit]

I've read that just having baggies, (not necessarily pre-packaged) can risk distribution charges.

 

[WelderDan]

Depends on the state you are in, the quantity, packaging, if scales are present, if weapons are present, if the D.A. had a bad day, if the judge has a hangover, and of course, if any of your associates got the chance to drop dime before you.

 

[DiscoBiscuit]

I won't mention the member's name but apparently they were charged with distribution a while back. Sandwich baggies were part of the so-called evidence.

 

[guest86120975]

How can baggies be intent to sell, when pretty much everyone has plastic storage bags in their kitchen?

 

[ReelBusy1]

Thinking a loophole is really going to save you from anything means, imho, that you greatly misunderstand how the legal system actually operates.

truer words were never spoken

 

[GAME]

No Sam The Caveman, VERY LITTLE is up to the judge really...... a judge is basically just a facilitator of a criminal case. It's all up to the Prosecutor to decide on charges based off of reports and evidence provided by the police. If it's a bogus charge, the judge could toss it out..... but charges are up to the prosecutor.

I wouldn't rely on having 8 lbs in one baggie to try and duck an intent to distribute charge. Besides, most every state is different anyways. Here, the sales and possession carry the exact same time by sentencing guidelines. So it wouldn't make the slightest difference other than it being somewhat preferable to have possession rather than a sales charge for various reasons.
But of course, I would rather get caught with a large amount in one bag rather than MANy smaller bags for resale. Always keep your cash somewhere away from the weed, because while it's true that if they want your money they will probably get it, but if it's somewhere they don't know about and can't easily get to, they probably will never bother to look too hard since they know most dealers aren't taking in large amounts of cash.

 

[Groseph]

How can baggies be intent to sell, when pretty much everyone has plastic storage bags in their kitchen?

Because a picture of your baggies next to your weed is gonna say so.

Not everyone has weed plants growing in their residence. Those that do should look into other options of carrying sandwiches.

- -

 

[DiscoBiscuit]

Yeah, get a Tupperware sandwich can... gives the landfill a break.

 

[sum420]

this is actually a really good point. you shouldnt be carrying around sandwich baggies because (depending on where u live) it can be the difference between a fine or time in jail !!! take it from someone who's dad was arrested for intent to sell, and spent time in jail over it.

ofc it would also be a bad idea to carry around a GIANT bag of weed, anything over a lb and chances are u will still get distribution charges. that being said though, what if u just had a couple of ounces of weed, and instead of keeping baggies keep a roll of aluminum foil. when someone wants a bag simply fold up the foil into a little envelope and you wouldnt need any bags, or tupperware containers (both of which could be used against u in a court of law) i really dont see them figuring out that u were using aluminum foil, to distribute cannabis in, lol.

 

[SOTF420]

I want to see this baggie that holds 8 pounds in it

 

[trichrider]

Carry your bag sir?

 

[rick shaw]

A whole not of misinformation in this thread. Many years back I was convicted of possession for sale LSD.

The conviction was based on the amount,eight pages and a lot of cash,$1,000.Good luck convincing a jury eight thousand hits are personal stash.

Other factors that can determine possession for sale are scales,packaging,records,money or multiple packages.

Your scenario of a garbage bag full of buds and blowing smoke in leos face by showing your medical recommendation won't work. The amount makes it possession for sale and if some poor schmoe was with you they could conceivably face conspiracy to possess for sale.

I've been in prison,I'm not making this up or playing devils advocate.

Possession for sale is a serious strike felony

California is a wonderful place,but thinking 'I'm in a legal state' as a defense is sadly fooling them selfs.

 

[stevefrench]

I want to see this baggie that holds 8 pounds in it

 

[Yes4Prop215]

sad to say its part of the game we play.....the clubs can "legally" sell buds but the people who supply the clubs are still breaking the law....

only hope is that your case falls through the cracks because there are so many actual criminal cases out there....know of at least a few people who were raided with LBs, scales, money and ended up just getting felony probation...still sucks having that F on your record..

 

[Mukind]

It's all about your lawyer and the DA. If the DA is being an ass and doesn't want to let you plead down to possession instead of intent to distribute your case in court is much stronger. Very easy to prove you possess something, not easy to prove what you were going to do with it. Granted if this wasn't some random bust and they are doing a true investigation they will probably have that proof. I was in the position right when I turned 18, had me with about 115g and wanted the X for distribution. Lawyer talked em down class 4 possession. Then eventually plead to 2 yr probation because I was a first timer and in Chicago bud is "decriminalized". Having 8lbs would change the situation but gives them no real proof, only circumstantial evidence at best.