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  #1  
Old 01-11-2018, 03:29 PM
mi888 mi888 is offline
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Default Control Substance Weight/Laboratory Laws

If the overall charge of the bag of ďcontrol substanceĒ is 4grams but in the lab they determine only .04 of it was actually a controlled substance. Do they have to go off of the .04 or can the court charge for the full 4 gram bag??

Please help!
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Old 01-11-2018, 03:52 PM
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Were the drugs cut with something else? It's illegal to sell or possess counterfeit drugs too, so I don't think it matters if it was all real or not. Hopefully you will get a more knowledgeable answer shortly.
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Old 01-11-2018, 04:06 PM
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Quote:
Originally Posted by mi888 View Post
If the overall charge of the bag of ďcontrol substanceĒ is 4grams but in the lab they determine only .04 of it was actually a controlled substance. Do they have to go off of the .04 or can the court charge for the full 4 gram bag??

Please help!
They would call the full weight of grams of controlled substance. For example if I was caught with 14 grams of heroin. It would be possession of 14 grams of heroin. There is no way I would have that small amount of pure heroin there would be some sort of cut already in the product from the distributor before me obtaining it. Not to say a good defense attorney may not know some angels of defense .
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Old 01-11-2018, 05:36 PM
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Generally speaking, even if it's a trace amount of actual drugs in the substance, if they were trying to pass the full 4 grams off as drugs then they'll get charged for the full 4 grams.
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Old 01-11-2018, 05:47 PM
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Yes it was a trace amount. He does not have a manufacture & delivery charge though. Itís a possession charge. So if he wasnít trying to sell it then I would think that would matter right?
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Old 01-11-2018, 07:39 PM
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So if he wasnít trying to sell it then I would think that would matter right?
I guess the question I would ask is... why would he have a counterfeit product that he was intending for his own use? So either it was usable product and heís responsible for possession of the whole bag... or itís an unusable counterfeit product and heís responsible for trying to sell it. So it sounds like heís going to be responsible for the whole bag if he was only charged with possession.

Granted, I know next to nothing about drugs so I have no idea what percentage of purity is expected.
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Old 01-12-2018, 05:32 AM
CenTexLyn CenTexLyn is offline
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The charge will be based upon the weight determined by the DPS Crime Laboratory inclusive of ALL adulterants and dilutants, minus the weight of the bag.

From the Health and Safety Code: "(5) "Controlled substance" means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance."

And yes, depending on circumstances, a four-gram bag can indeed be the basis for asserting possession with intent to deliver.
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Old 01-12-2018, 02:00 PM
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Quote:
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Yes it was a trace amount. He does not have a manufacture & delivery charge though. Itís a possession charge. So if he wasnít trying to sell it then I would think that would matter right?


If they are calling it a possession charge then sale of the item isnít at issue here. Not sure how your state law would handle that....In California I know that possession charges donít look at total amount, only that it was possessed. However there is a certain weight where the DA usually goes for intent to distribute. Not sure the guidelines here off the top of my head but I am sure that comes in to play.
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Old 01-12-2018, 08:00 PM
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Quote:
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If they are calling it a possession charge then sale of the item isnít at issue here. Not sure how your state law would handle that....In California I know that possession charges donít look at total amount, only that it was possessed. However there is a certain weight where the DA usually goes for intent to distribute. Not sure the guidelines here off the top of my head but I am sure that comes in to play.
In Texas, we have possession, possession with intent to deliver and then there is also manufacture or delivery of controlled substances.

All three categories are classed based upon the aggregate weight and will range between State Jail Felony and First Degree Felony ranges, including a special range that has a higher minimum than even the first-degree felony range that typically comes into play.

As a general rule, possession and poss WITD in Texas runs from less than a gram, to one to four grams, four to 200 grams and over 200 grams. A few offenses have other weights that enter the equation.

Someone with less than four grams but where they have a bunch of teeners is going to be tagged with Poss WITD. After all, lots of small baggies makes it easy to show intent to deliver. Someone that just has a few grams all in one bag and has no bundles of currency or a scale is more likely to be able to avoid an intent to deliver bump in level of offense...
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