Can You Be Charged With Possession With Intent to Deliver Based on a Scale Alone

My question involves criminal law for the state of: Idaho

I am 16 years old, and last Friday I was charged with minor in consumption at our junior keg party. I had a bag that had several drug paraphernalia items such as a pipe and scale. However I did not have any weed in the bag, and no baggies either. The police did not charge me with anything besides the MIC, but I have a court date. I am confused as to whether or not I can be charged with intent to sell because I didn't have any weed on me or in the bag. I don't know whether they found the scale or not, but did not comment about it at the scene.

Thanks

If they haven't charged you with possession with intent to deliver, they probably won't. But odds are your paraphernalia contains traces of drugs -- and that is possession.

So when I show up to court they can charge me with Minor in Possession on top of the MIC?

Quote:

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Quoting Mr. Knowitall

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If they haven't charged you with possession with intent to deliver, they probably won't. But odds are your paraphernalia contains traces of drugs -- and that is possession.

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Indeed. This varies from state to state, but in Idaho, any identifiable amount (even such that is too small to actually be considered a usable amount) is possession.
Idaho doesn't require a minimal amount for distribution either (this doesn't enter into account until you get to the even more severe trafficking statute, which requires a pound of pot).

Idaho also has a very broad definition of paraphernalia. Possession of paraphernalia is a misdemeanor. Deliver or sale of paraphernalia is a felony.

You're likely going to be facing some serious time here. You need a lawyer.