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I’m only a user but the police charged me with dealing drugs?

I’m only a user but the police charged me with dealing drugs? I had a bag of weed on me when I was arrested and the total weight was a little over an ounce. The weed was all contained in one bag and not broken down into smaller bags. The police also took all of my money which was about $380. What can I do?

Assuming that your arrest was valid and there is no issue for suppression, the Commonwealth has the burden of proving that you possessed the weed with the intent of distributing it. The prosecutor will use the amount of weed they found on you combined with the seemingly large amount of cash as evidence that you were selling drugs.

If I was defending you I would do several things to cast doubt about the Commonwealth’s theory. First of all I would call a drug expert who would explain that the quantity of weed possessed is just as consistent with personal use as it would be for distribution. The fact that the weed was not broken down into smaller amounts for distribution is an excellent fact and consistent with person use. Next I would call people to the stand that knew you as a user. I would have them testify about your use of drugs and how it would be completely normal for you to possess that amount of weed and any given time. Finally, I would explain the source of the money you had on you at the time you were arrested. This can be proven by producing a pay stub or a witness with first hand knowledge of the money’s source. In Philadelphia you would have a very good chance of winning this case and only being found guilty of possession.

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