Milligram Scales for Personal Use in Drug Transactions
My question involves criminal law for the state of: California
If someone I know were found with a gram of amphetamine, and had a "jewelry scale" with mild drug residue on it, how strong of evidence for distribution is that viewed as by prosecutors? Notably, they are in the very drug-liberal area of Berkeley, California, in case that makes a difference. Could they be differed to treatment under Prop. 36, even if in possession of say, 5-ish different felony substances, all safely within personal use amounts?
I ask because a lot of drugs are active only at low dosages (say, 0.020 grams), and having a small milligram scale is basically a necessity for responsible use. This person possesses no small bags, does not distribute drugs, and has a small "log" of 10-20mg doses kept with their scale, just in case it helps.
The scale is a piece of precision equipment, has a weighing tray no more than about 1.2" in diameter (small), so wouldn't even work for weighing out a couple of grams of anything. But it could theoretically be used for selling stuff other than weed, although, again, it isn't actually used for such.
Any advice to this person about how worried they should be about possessing a scale? Are they safe under Prop. 36, even with 3-5 felony substances and a scale?
Re: Milligram Scales for Personal Use in Drug Transactions
no that is not safe at all, your "friend" should stop dealing drugs and get a real job.
Re: Milligram Scales for Personal Use in Drug Transactions
This is not the "how do I break the law and get away with it forum." Try hightimes.com.
Re: Milligram Scales for Personal Use in Drug Transactions
It really does not matter what WE think, his eligibility for Prop 36 will depend on the charges he pleads guilty to or is found guilty of. If he is charged with distribution and offers to plead to possession, then he may be eligible for Prop 36 or other diversion ... provided he otherwise meets the requirements.
To be safe, he should quit doing dope now. If he's thinking about it, there's still hope that he can't salvage his life.