Thank you for asking me “How is Weight Calculated for Drug Trafficking Charges?”
This is an excellent question and it has a simple, although one that does not have a criminal defense / criminal Defendant friendly, answer.
The answer is that they weight it all. Everything. Each and every last atom of it.
The language that the statute uses for controlled substance is “any salt, derivative isomer, or salt of an isomer thereof”, and FL defines a “mixture” as “a solution or a dosage unit, including but not limited to a gelatin, capsule, pill or tablet containing a controlled substance”
So if you’ve got powdered cocaine they will weight it. They don’t, and they won’t, separate the cocaine from the cut. They’ll weight it all.
And if you’ve got pills, be them Ecstacy, Oxycodone or any other pill, then they’ll weight them. Whole. Intact. They won’t separate the opiate or other controlled substance from any other substances that are contained in the pill.
And if you’re caught cultivating marijuana then they’ll weight the plant, the whole plant. The roots, the stems… all of it. And whatever weight the cops swear to the State is almost certain to try to hold you accountable for.
That said you are always free to have a defense expert re-weigh the substance in question, but what you’re not permitted to do is to argue that the controlled substance should be separated out, and that only the weight of the actual controlled substance should be held against you.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
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