Scale = Distribution ?

psychetool

Bluelighter
Joined
Mar 6, 2003
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6,186
I'm just curious if you will get nabbed for distribution if you have a scale in your car but only for personal use drugs to make sure you don't get ripped off ect ? I don't carry one now but one of my friend drives around with one CONSTANTLY even when he doesn't even have drugs in the car - whats the charge going to be if they find you with a little bud and a scale ? Or they search your car and find your scale with bud crystals and such on it ?
 
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I am not a lawyer, but I vote to say that he might be charged with intent to sell (in the USA).
 
it probably depends on the state and how much weed he has on him at the time.. i doubt if he had a gram and a scale that they would be able to successfully pin a distribution charge. they'd probably just say it was paraphernalia
 
here's some info i found while looking into this:

In order to demonstrate that you had the intent to sell marijuana, rather than simply possess a large quantity of marijuana, the police agency that arrested you will have been looking for additional indicators such as:

* Possession of large amounts of cash, and particularly smaller bills;
* Possession of multiple baggies either with or without marijuana in them;
* Possession of scales;
* Possession of multiple beepers/pagers/cellular phones/pda’s;
* Lack of drug paraphernalia (pipes, rolling papers or bongs) which may indicate personal use rather than intent to sell;
* Address books/Client lists; and
* The location in which you were arrested.

In addition to the aforementioned indicators, the police officer or shrriff’s deputy that arrested you is generally allowed to testify in court as an expert in the area. He/she will generally say that in their “opinion” and “based on their training and experience” you had the intent to sell the marijuana you were found to be in possession of.

Source

Someone correct me if I'm wrong but I believe there is a certain number of baggies (my gut tells me 10) above which you can be busted for intent to sell.

I don't think a scale alone would be enough for the cops to get you, but it definitely won't help the situation.

A scale with bud crystals will almost certianly get you a ticket for paraphernalia though, so it might help to try and keep your scale clean at least to the naked eye (very hard, I know).

Hope this helps :)
 
I doubt a scale alone would elicit a distribution charge (stranger things have happened though), but why even risk it.

your friend is being silly driving around with that
 
It varies from state to state. Now if you have 2 ounces of green and some scales, it would make it a lot easier for them to charge you with distribution. Here in Alabama, the officer uses their descretion and if you just have scales they will charge you with possesion of drug paraphenelia which could easily be beaten in court if you pled not guilty.
 
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