Ray Hrdlicka – Host – Attorneys.Media
“I had a defendant call, from jail of course, and I asked him, ‘what are you charged with? Drugs?’
‘Well, I am now telling them that it was all for my personal use!’
‘How much were you caught with?’
‘Well, I was caught with a lot! But it’s for my personal use!’
In the state of Washington here, marijuana is legal. But where is the line, that falls over to where nobody’s believing that this is for your personal use?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“I don’t know if there is a bright line there.”
Ray Hrdlicka – Host – Attorneys.Media
“It’s probably a big line there!”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It also depends upon some other circumstances. Such as, the gentleman that called you, did he have a scale? Did he have a bunch of empty baggies that are commonly used for packaging it? Are there other circumstances, and other evidence that support that it’s being packaged and sold individually? It’s certainly possible for a person to just buy a lump sum of drugs and intend to use it for a long period of time. But I think that’s a level of proof the defendant’s going to have to come up with at trial that that’s what going on.”
Ray Hrdlicka – Host – Attorneys.Media
“A jury would look at that and say ‘really?’”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“Maybe. But again, if you had a situation where you didn’t have a scale around, you didn’t have any other packing materials, you didn’t have any witnesses that say, ‘I bought drugs from this guy’. So, you got to look at the circumstances. But certainly, if you’ve got a pound of cocaine, it’s going to be hard to sell that. Sell the story, not hard to sell the cocaine!”
Ray Hrdlicka – Host – Attorneys.Media
“It’s going to be different with cocaine, or meth, or anything versus straight marijuana.”
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