CRJ student

[CRJ student]

What is the name of your state? Mississippi
I love this site, I think it is great and I have learned so much from it. The question I have has to do with a project at school and I have searched the internet and asked several different sources (DEA, Mississippi Bureau of Narcotics, etc) and I get different answers everytime.
OK, here it goes.
If a person is found to have methamphetamine in their possession, how much would they to have in order for the charge to go from possession to intent to sell. I have been told that they can't prove intent unless it is weighed out into grams and packaged for selling OR they make an undercover to an agent. I also heard there is no specific weigh that constitutes intent and so on and so forth.
This is funniest response that I recieved- if it is more than they can consume. Is this for real? Because I have been studying this and most people that are on meth have no problem with consumption.

Thanks for any information.

 

[CdwJava]

If not specified in MS statutory or case law (and I doubtit is), the AMOUNT necessary for sales is subjective. There is likely no bright line rule for an amount to constitute sales.

A lot would depend on other materials found ... packaging material, cut, scales, "pay-owe" lists, etc. If you have enough "stuff", a personal amount could be sufficient for sales. If not indicia for sales are available, the prosecution might have to rely on expert testimony regarding consumption rates and such to indicate that the amount is far too much for personal use.

It really depends on the jurisdiction.

In CA the amount necessary for sales can vary from court to court.

- Carl

 

[calatty]

To expand on what Carl said, whether someone will be convicted of possessing drugs for personal use or sales depends on a number of factors which the jury must consider. The quantity of the drug is only one factor. For example, if a person is caught with only a gram or two of meth, but also has a scale with residue on it, a supply of tiny little baggies, and police have observed an unusual amount of traffic going in and out of the residence, that evidence will suffice for conviction of possession for sale. On the other hand, if a person is caught with half an ounce of meth, but no packaging materials or other evidence of sales, a jury might convict him of possession only.

 

[CRJ student]

Thank you for the information. You have been very helpful.