controlled substance

[snidly]

if you are charged with possession of a controlled substance for sales are the police able to charge me for the combined amount of the substance and the bag? they found 1 bag with about 1 gram of meth and the police are now attempting to charge me as having 3.3 grams,bag included. can this be done?

 

[Vincent Cosent]

No ! the bag is not a drug.

From a common sense standpoint.

 

[calatty]

No, they're not supposed to include the bag when weighing the substance. Your attorney will have the right to have the substance weighed, so you can clear up the quantity issue at trial. I don't think baggies weight 2.3 grams though.

 

[Humble Warrior]

I agree with CALATTY. In the same vein of logic....were the drugs in a lead container,can they say you had 4000lbs of dope?