Marijuana.com

ikari

Hey all, I have a question.

You see, a lot of times I carry around a bag, which has all my paraphenalia in it, and my mutliple stashes (ill get to this in a second).

It also contains a weigh scale which I use for .. well weighing.

The reason for the "mutliple stashes" is because I usually have several stashes going at once, and they're all in seperate bags. That way I smoke the oldest first, have a stash for eating, and the "new" stash which I use after the oldest is gone. Basically, I never go dry


Anyways, if i was ever caught, I'm starting to believe they'd book me for intent to sell as well as posession.

I'm wondering where the line for this is, where is it no longer posession and instead intent?
Has anyone had this happen, or do a similar thing? Any advice?

I don't really want to put everything in one bag, and get rid of the scale, but... if it's necessary, I guess I'd have to do it.

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huh?

Lose the scale if you don't want to be charged with intent. Period. Go home and weigh your bag right after you buy it if you need to know if you got what you paid for.

I can't fully answer your question about separate bags bug I do know that if the separate bags (2 or more) happen to weigh common amounts like an aeth, a quarter, half an aeth you are charged with intent. And I know that if it is all in one bag there is an amount that is either 30, 32, or 35 grams (enough that they give you leeway for an over-weighed ounce I think), then you can be charged with intent to sell. I am in Canada too so we're talking the same laws but I don't know about separate bags with non-common weights.

I only take what I am going to need to smoke when I leave the house and put it in it's own bag. And I keep my pipe in a different pocket than my bag (no stash box). If you only have 2 grams on you that's much better than if you have 2 grams of one kind, 3 of another, and a quarter that you haven't broken into if only for the reason that all of this could get taken away at once and leave you with zero grams of weed.

I have dealt with cops on three occassions when I could have been arrested for possession. Twice they didn't even mention anything to do with weed even though they we're hit in the face with a hot box when I rolled down the window to talk to them. I just answered their questions with respect and courtesy and such and luckily there were no marijuana questions for me to answer. The other time he said it reeked and we better give him our weed or he'd search us. He asked my friend who gave him his half of the aeth we split and I said I didn't have any (I had the other half). He checked our IDs for records and let us go because we were totally clean. Even watched me drive away. The only time I have a big bag on me is when I'm driving home from the dealer's house. My stash and my scale stay at my house.

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Larmer

The most important thing to remember is to keep your weed in one single bag, not in separate bags.

If you do get caught somehow, your chances are much better at receiving a warning if it's not divided.

There are no gaurantees you'll get off scott free, but your chances are better.


This is directly from a cop next door.

Shaman

Any multiple containers would constitute intent to sell. Joints *can* also be classified as "containers".
I got caught once lighting up a joint... they searched my entire car, but luckily my 15 remaining joints (all personal!) were in a box with a false bottom.

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absentdreamerr

hmm.... yeah im gonna have to say more than 1 bag is shady from the cops perspective. man, will you PM with details about that false bottom box. thanks

 

dmbtex

G-d bless false bottoms

Shaman

Yeah, and g-d bless somewhat ignorant cops ;-)

commonsense

The law is different in different jurisdictions. Generally, the more you have the greater the penalties. Having more than a certain amount could lead to a presumption of intent to deliver. In most states, I believe that by statute anything under an ounce is considered to be for personal use and anything more is for sale. In a criminal law context, whenever there is a "presumption" of something it means that the prosecutor doesn't have to prove it. The burden of proof shifts to the accused who then has to prove that this thing is not what it is "presumed" to be.

Usually, the prosecutor has to prove up everything and the defendant can sit there and do nothing. He has to prove nothing and if the prosecutor can't make his case, the defendant walks. If you have more than an ounce of weed (here, I don't know about where you live) and the prosecutor proves you possessed that amount, it would be up to you to prove it was actually for personal use and not for sale. So, if you had thirty grams it would be easier than say if you had fifty pounds.

As for multiple baggies, that would depend on your jurisdiction. It may not create a "presumption" of your intent to deliver, and if not the prosecutor would actually have to prove that you intended to sell it. That's not that big a deal though because the jury could infer that since you had several baggies you intended to sell them to several people. You could certainly argue that these were all different types of weed and being the connoisseur you are, you didn't want to mix them, and the jury could either believe you or not. Odds are, they won’t believe you. To most jurors, you would be considered a drug dealer not worthy of a break. That’s just the reality of public sentiment toward drugs in general, even marijuana.

The best practice would be not to carry any weed on you at all. Carrying scales and multiple baggies is a really bad idea. It doesn't matter how little weed you have total, multiple packages makes it look like it is for sale, so do scales.

By the way, this is not intended to be legal advice and I am certainly not encouraging anyone to break the law.

Shaman

I heard an interesting story once about that burden of proof thing. I'm sure it's an urban legend, but your post reminded me of it.
Someone got stopped and searched and the cops found an ounce on him. They were telling him that he would be charged with intent to sell and he was pleading personal use. They said "ok if it's personal use, smoke it all right now!"
and he did, and he was let go. You can see that there's only a .00000001% chance of this story being true... but dayam, who wouldn't want to smoke an OZ in front of a cop!

DoritosMan

Here in Brazil things are different regarding marijuana, ill post this just for.....i dont know why but i am Anyways...i read in a mag that this dude was coming out the bar and the cops stoped him and searched him and found 1 joint and he said it wasnt his it was his friends, so acording to the law there are 2 *things, legal terms that i have no ideia what they are in english* (its like there is one law and 2 little laws inside it. get it?commonsence help me out here man ) So the law says if you have weed for your use thats 3 months-1 year, but since the dude was a dumbass and said it was his friends that fell under a diferent catagory and that is possetion for sale/distribution so he got like 2 years, but in the end he got like 100 hours of community service.

thats it..

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