Drug Crimes, Substance Abuse Seperating Drugs from Cut

[Jockeyperry]

Is there a motion that will ask the courts to get an exact weight when charging a target for a drug crime. For example, heroin is found in home. It is wrapped in bags and has been cut. Is there law that will ask to seperate the actual drug from the cut(additives) to get an actual weight of the drug when charging a target?


What are your thoughts?

 

[jharris352]

When the crime lab analyses the drug they will give a weight and a purity percentage. In other words 20 grams of 50% is 10g of drug. Your attorney will know that, hire one.

 

[army judge]

Is there a motion that will ask the courts to get an exact weight when charging a target for a drug crime. For example, heroin is found in home. It is wrapped in bags and has been cut. Is there law that will ask to seperate the actual drug from the cut(additives) to get an actual weight of the drug when charging a target?


What are your thoughts?

A very novel approach, indeed.
However, it has been tried and found wanting.

Heroin that weighs 1 pound and is only 20% pure and heroin that weighs 1 pound and is 80% pure, is still, 1 pound of heroin.

No, there is no law that allows what you seek.

Only the flat (actual) weight is what counts!

 

[jharris352]

Army my friend, you are wrong on this one. :no:

Purity is taken into account when you measure, at least it is in GA and VA. Other wise you could have a gram of heroin in a ton of flour and be in a world of trouble. The law does recognize purity as a function of weight.

 

[Jockeyperry]

In FL, as I am sure you already know, trafficking in heroin within a certain amount of grams holds a certain amount of minimum mandatory prison sentances. How does purity and the amount that is actual heroin come into play here when sentances are given according to weight?

 

[jharris352]

It varies by State and I'll have to look it up: Some states do an 80/20 mixture as "full weight." Some states say that anything 10% or greater gets full weight. I would make the argument at 80/20 if it helped my case. If you are that close to a step down you can probably negotiate it out with the DA. They wouldn't want a precedent set like that. So get your Lawyer to negotiate.

 

[army judge]

Army my friend, you are wrong on this one. :no:

Purity is taken into account when you measure, at least it is in GA and VA. Other wise you could have a gram of heroin in a ton of flour and be in a world of trouble. The law does recognize purity as a function of weight.

True, but we're talking large quantities there, Brother.

A few bindles or even half of a "key", I don't think that'll get it lowered to the for personal use category.

But anyway, when an "innocent" citizen beats the government, that's a good day!