Legal Question in Criminal Law in California
possession for sales vs possession
I would like to know what the quantity of meth they consider to personal and what they consider to be for sales? What probable cause would there be for sales? No scale, baggies, cash or proof? Or is having a prior sales charge 3 years ago enough cause?
2 Answers from Attorneys
Re: possession for sales vs possession
There is no quantity of methamphetamine considered ''personal.'' Your charge would be possession, or possession for sale. Scales, baggies, cash etc. would all point toward a sales charge. If none, and you were still charged with sales, the charge may be dropped at the preliminary hearing.
Re: possession for sales vs possession
Whether you are charged with simple possession or possession for sale does not depend upon the quantity of drugs involved. After all, you might be carrying only a single dose and still intend to sell it rather than to use it yourself.
A large quantity of a drug usually suggests an intent to sell, but there are other ways the police might infer such an intent. If they watch you and you seem to be looking for a buyer, they could base the charge on your conduct. They can also make this charge if you are caught with paraphernalia that sellers often have and that buyers don't, like scales and accounting records (aka "pay/owe sheets").
You need to get a lawyer if you don't have one already. Charges like these are often negotiated down to a lesser offense or even defeated outright, but your chances of succeeding on your own are very slim.
Good luck.
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