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How much weed constitutes a distribution charge?

Posted on 1/22/15 at 12:03 pm
Posted by magildachunks
Member since Oct 2006
32482 posts
Posted on 1/22/15 at 12:03 pm
Also, will a search warrant with a nickname instead of the accused's real name hold up?


Co worker wondering.
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 1/22/15 at 12:03 pm to
Are you white or a minority?

Is the weed in one bag or multiple?

Any scales or other baggies around?

Yes the warrant will hold up. Cops can basically do whatever they want these days and the judge will rubber stamp it.
This post was edited on 1/22/15 at 12:05 pm
Posted by magildachunks
Member since Oct 2006
32482 posts
Posted on 1/22/15 at 12:04 pm to
I'm white.

Doesn't help the accused though
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 1/22/15 at 12:05 pm to
better call Sabi
Posted by Hangover Haven
Metry
Member since Oct 2013
26606 posts
Posted on 1/22/15 at 12:05 pm to
Co-worker huh...?
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 1/22/15 at 12:05 pm to
I edited with more questions
Posted by magildachunks
Member since Oct 2006
32482 posts
Posted on 1/22/15 at 12:08 pm to
quote:

Posted by Breesus Are you white or a minority? Is the weed in one bag or multiple? Any scales or other baggies around? Yes the warrant will hold up. Cops can basically do whatever they want these days and the judge will rubber stamp it.



Don't know.

Neither does the kid. He wasn't at home. Cops showed up to his SELA class and arrested him bc two other people were smoking a joint in his apartment.

I'm getting this all third hand.

200,000 dollar bond on first offense seems high for a supposed ounce.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 1/22/15 at 12:18 pm to
at $200,000 bail for an ounce of weed
Posted by rd280z
Richmond
Member since Jan 2007
2310 posts
Posted on 1/22/15 at 12:23 pm to
It used to be over an ounce
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 1/22/15 at 12:25 pm to
If you pass someone a joint of your weed they could get you for distribution and yes I believe nicknames are ok on search warrants.
Posted by Jones
Member since Oct 2005
90530 posts
Posted on 1/22/15 at 12:26 pm to
the amount doesnt determine distribution, i think.


https://norml.org/laws/item/louisiana-penalties-2
Posted by GreatLakesTiger24
One State Solution
Member since May 2012
55654 posts
Posted on 1/22/15 at 12:26 pm to
Someone squealed.

Posted by GreatLakesTiger24
One State Solution
Member since May 2012
55654 posts
Posted on 1/22/15 at 12:26 pm to
quote:

If you pass someone a joint of your weed they could get you for distribution
Yikes.
Posted by junkfunky
Member since Jan 2011
33898 posts
Posted on 1/22/15 at 12:27 pm to
quote:

200,000 dollar bond on first offense seems high for a supposed ounce.




That doesn't sound right but I've never dealt with a distribution charge. I got a possession charge when I was 18 and they just wrote me ticket and sent me on my way.
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108745 posts
Posted on 1/22/15 at 12:28 pm to
quote:

I believe nicknames are ok on search warrants.


On The Wire when Stringer gives up Avon right before Omar and Bro Mouzone kill him... McNulty has Stringer Bell written on the warrant. I think it actually says "Russell Bell a.k.a. Stringer Bell" but I figured it totally applied to this discussion.
Posted by GreatLakesTiger24
One State Solution
Member since May 2012
55654 posts
Posted on 1/22/15 at 12:30 pm to
quote:

On The Wire when Stringer gives up Avon right before Omar and Bro Mouzone kill him...

:/
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108745 posts
Posted on 1/22/15 at 12:31 pm to
Oh come on... it's been like 6 years. You should have watched it by now.

ETA - SPOILER ALERT
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 1/22/15 at 12:32 pm to
Distribution or Cultivation of Marijuana
Any amount (first offense) not classified 5* - 30 years $ 50,000
Any amount (subsequent offense) not classified 10* - 60 years $ 100,000
To a minor not classified 45 - 90 years $ 75,000
Includes possession with intent to distribute
* Mandatory minimum sentence
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 1/22/15 at 12:32 pm to
I don't think the amount matters.

You could have half an ounce but if it's cut up into nickel bags that's intent to distribute.
This post was edited on 1/22/15 at 12:33 pm
Posted by Bigpoppat
Drinking a Manhattan
Member since Oct 2008
9215 posts
Posted on 1/22/15 at 12:36 pm to
There is no "amount" needed for Distribution charges. That determination is based on a totality of the circumstances surrounding the case. (hand to hand transactions, confidential informant buys, etc.) That charges differs from, but has the same penalty as, Possession with the Intent to distribute (PWIT). PWIT cases are built around weight, hand to hand transactions, phone records, scales, baggies, paraphernalia to indicate sale.

Both Distribute and PWIT Marijuana carry 5-30 years, but can be probated.




As to the search warrant question, a nickname given to the officer by a reliable source is sufficient to have a judge sign the warrant. The signing judge makes that call.
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