Proving amount of marijuana in court?

[mimzi85]

What is the name of your state (only U.S. law)? MA

I need to get a waiver for marijuana possession (for Immigration purposes) that happened a year ago. I can't afford a private lawyer and all the charity organizations in my area don't handle criminal cases so I will need to defend myself. I can easily get a waiver AS LONG AS I CAN PROVE IT WAS LESS THAN 30 GRAMS.
If the police didn't weigh it at the time of arrest and only described in the report as "a joint and a dimebag", how can I prove to the judge it was less than 30 grams.
Does anyone know of a CASE PRECEDENT I can cite in my defence, based on the police report description of the amount of marijuana. I looked up how much 30 grams is and I definitely didn't have that much on me, I would say it was less than 10 grams, if that. Any information would be greatly appreciated. Thank youWhat is the name of your state (only U.S. law)?

 

[CdwJava]

Were you charged with a specific offense that indicated the weight of the substance? In many states, 30 grams might constitute a felony amount. if your state charges that as a felony, and you were not charged with the felony, then that might be sufficient to show that you were not in possession of that amount.

Otherwise, you will have to ask what "proof" they will accept from you.

 

[FlyingRon]

I suspect you can make a pretty good case. A dime bag ($10 worth) isn't going to be anywhere near an ounce (unless drugs are really cheap where you were) and a joint is smaller.

The key in Massachusetts as CDW points out is what the charge is. For recent years, possession less than an ounce is just civil violation. So if you just paid the $100 fine on that "ticket" then that's probably all you need to show. Possession over an ounce is charged as a misdemeanor.

CDW: Mass laws are pretty lenient. You got to be up in the 50lbs range or selling to minors before things turn into felonies.

 

[CdwJava]

Yeah, some states have graded offenses by degrees - we don't really have that much here (with the exception of some serious felonies which have 1st and 2nd degree, but no uniform sentencing based on those degrees). We have infractions, misdemeanors, and felonies, and they are all criminal offenses. But, as you mention, the idea is the same. If there is a weight attached to the specific offense for which he has been convicted, that should serve his purposes.

 

[mimzi85]

I was actually arrested in NH and appeared in court in NH, was charged with violation, not even a misdemeanour, paid a fine around 300 I believe. I have to appear in front of an Immigratin judge in MA though

 

[FlyingRon]

NH doesn't distinguish amounts on simple possession. You were charged with a misdemeanor. You're going to have to figure out what you can convince the hearing officer with. A lawyer familiar with the venue would be a good idea.