how exactly do authorities determine whether to charge with "intent to distribute?"

[movingtocally]

how exactly do authorities determine whether to charge with "intent to distribute?"

Vs simple cultivation and possession? Is there any rhyme or reason to it at all? I've tossed out my cooking scales and small herb(like cilantro herb)baggies, and I keep the grow small. Any other safeguards? Is it basically just a guessing game based on how much weight you have?

 

[Pythagllio]

Just expect that 'intent to distribute' to be tacked on if you're caught growing any amount. VA convicted me of that in 1989 for 2 plants...2 lousy plants...and when I say lousy I mean pathetic...I had no clue what I was doing. No scales, no baggies, no indicia of dealing since I wasn't, though the cop acted as if aluminum foil found in my kitchen qualified for packaging for sale...aluminum foil, right.

 

[MMAJAY]

Be prepared for the cops to throw every charge imaginable and it will be your job to spend big bux to get it dismissed. Oh yea i forgot they will weigh the fucking dirt and add that to your weight to increase penalties , i kid u not!

 

[Tony Aroma]

It seems to me only fair that if the word "intent" is in the charge, then the defendant ought to be allowed the medical necessity defense. If the prosecutor is trying to prove what your intent was when growing, then you should be able to defend yourself with an alternate intent.

Not that it matters, as others have said. They can charge you, and prosecute you, and find you guilty of just about anything they want.

 

[VT_Fire]

im sure if the cops think that they can charge you with intent to distribute, they will. But basically if you have a scale...they'll prob slap on a intent to distribute charge.

 

[Pythagllio]

Tony Aroma, the problem with your scenario is that you presume that the defendant's state of mind is an element of the crime. Most states just have 'per se' weight levels and it doesn't matter a bit what you intend to do with the contraband. Really, I was on probation for 2 years before it finally sunk in that the word 'intent' was meaningless to my charge even though it was right in the title.

 

[idea]

to really answer this question specifically you should give a state as an example because state laws can be very different...

 

[Tony Aroma]

Tony Aroma, the problem with your scenario is that you presume that the defendant's state of mind is an element of the crime. Most states just have 'per se' weight levels and it doesn't matter a bit what you intend to do with the contraband. Really, I was on probation for 2 years before it finally sunk in that the word 'intent' was meaningless to my charge even though it was right in the title.

I understand. It just bothers me that legal jargon has no relation to the English language. Like "no accepted medical use in the U.S." does not mean legally what it does in English. It amazes me that you can be convicted of intending to do something without any evidence, other than circumstantial, of that intent.

But in other crimes, intent does make a difference. For example, it makes a difference between being convicted of murder versus manslaughter. Big surprise, our legal system is not fair or just.

 

[movingtocally]

so under the Norml guidelines, is "intent to distribute" the same penalty as what they call "sale," or are the intent charges less harsh, generally speaking?


Thanks guys.

 

[biteme]

intent to sell and actual sales are pretty much the same in the eyes of the law and guidelines on how "intent" is applied certainly vary from state to state.

as an indoor gardener, to avoid the intent should you ever be legally discovered, the best advice one can give is the smaller the garden the better your odds are at avoiding such a charge. and eliminating from your grow any sort of article that could construed as helpful in the distribution of mj is important.

peace-biteme

 

[IE2KS_KUSH]

WHAT STATE!!

 

[movingtocally]

Sorry. Ohio.

 

[79towncar]

Usually here on the East Coast it works like this.. They hit you with intent to distribute when you have anything more then personal use.. So you can see how subjective this can be.. If somebody has 5 bags of heroin cops will charge that with "intent" but everybody knows the guy probabily needs all 5 of them just to get high.. The only time they charge you with distribution is when your caught in the act or set-up... Also up here the sentences are the same so they charge you like this.. It will say "arrested for the Manufacture/Distribute/Dispence of a Controlled Dangerous Substance." So you could have done any of those three to warrant the same penalty.. So it wouldn't matter if you were growing for yourself or growing to sell because they charge you with the same thing.. So if you had one plant it would be considered "manufacturing", if you were caught with one ounce they would charge you with "intent to distribute" and if you were caught giving something away for free or providing drugs at a party you would be arrested for "dispencing a CDS."

This is only for a couple states.. But you see what I mean by saying that here it doesn't matter if your growing to sell or not.. You get the same penalties either way.. I know a few people who were caught with alot of plants and I know people who were caught with alot of pounds and they were both charged with the same thing.. It's ass backwards up here i'm telling you.. Also in New York with the Rockerfellar Laws... Fuck them.. You can get alot of years just for weed.. You won't see that shit on NORML's website but it does exist and it's a serious stature to be charged under..

 

[whodi]

heard they may be changing those rockefeller laws, towncar.. check the link here

http://video.nytimes.com/video/playlist/style/vows/1194811622327/index.html#1247463754576

 

[Bud-Boy]

Ive found they try any way they can.

theyve took a drawer full of baggies from the kitchen in a house that was being legally grown in, tried to attach intent

used it for the disposable charges in the plea...

 

[79towncar]

Whodi thanx for that!

 

[kill-9]

If you have a scale, no matter how much product you have, you can get charged with 'intent to distribute'. Does not matter the state, applies to all fifty.

Without a scale, everything else everyone else has mentioned applies, amount of product and baggies in the house.

Get JARS, go to yard sales and the salvation army, you can get a decent lot of jars for cheap. Or just make alot of hash.