Legal Question in Criminal Law in California
how much meth does it take to be charged with possession with intent to sell/distribute?
3 Answers from Attorneys
There is no simple answer to your question. If you had a very large amount, that might tend to show that you intended to sell it because you couldn't possibly use it all within a reasonable period. On the other hand, narcotics officers often claim relatively small amounts are possessed for sale when there are other indicia of sales, such as scales, packaging, cell phone text or voicemail messages asking to buy, or pay/owe sheets (lists of names with amounts next to them).
Meth is a very destructive drug, and use of any amount is a very bad idea. I have seen it ruin many clients' lives.
Even a single, weak dose can be enough depending on the circumstances. There is no numerical cutoff. After all, a dealer who starts off with twenty individual hits for sale and then sells nineteen will still possess the last one with the intent to sell or distribute it. The same is true of someone who starts off with just one hit but intends to sell it.
Large quantities support a *presumption* of intent to sell or distribute, but even without that presumption the prosecutors may be able to convince a jury that you intended to distribute what little you had.
There is absolutely no specific answer to your question. It depends on the circumstances and each case can be handled different, It also depends on the law enforcement agency and the individual officer and the charging DA, along with the final DA assigned to the case. If you're wondering how much you might cross the line, you are taking a large risk. I suggest you stay away from the drug. It is bad news all the way around and possessing it puts you into a high risk situation and you could easily be charge with Possession with intent to distribute. Do not risk you future.
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