Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
A: It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.
A: As a general rule, when a controlled drug is found in the possession of an individual, the primary factor (outside of whether they knowingly were in “possession”) is the quantity or weight. Trafficking in methamphetamine, for example, is 20 g, and it doesn’t matter whether someone possessed it for personal use or planned to distribute or sell it. Once they are determined to be in possession of the drug, the only other issue is quantity or weight.
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