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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10685
Experience:  Over 10 years of criminal defense practice.
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I was charged with felony possesion of marijuana. When the

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I was charged with felony possesion of marijuana. When the police weighed the marijuana it way about 21 grams, but they weighed it with all the little baggies. The baggies would have weighed about 3 grams in total. Should I have been charged with a felony? And if not would they be able to re-weigh it during a trial?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Nate replied 5 years ago.
Thank you for your question.

What state did this occur in?
Customer: replied 5 years ago.
Expert:  Nate replied 5 years ago.
Anything over 20 grams would be a felony, so if the baggies knock off more than 1 gram, you would be facing a misdemeanor.

Have your attorney request the ADA to re-weigh the marijuana without the bags. If it comes in less, I'm sure you'll be able to work something out prior to trial. But yes, you would have the right to re-weigh it at your trial.

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question.


Nathan Moore
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