What Happens if You’re Found With Marijuana in Multiple Packages?

Oklahoma’s marijuana laws can be very strict, though there is some leeway since medical marijuana was legalized in 2018. If you have marijuana in multiple packages, however, this could raise some red flags for law enforcement. Whatever your situation, talking to an Oklahoma City drug trafficking lawyer ensures that things will go as smoothly as possible under the circumstances and that your rights will be protected.

In Oklahoma, possessing any amount of marijuana without a medical marijuana license is illegal. Simple possession of marijuana is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000 for a first offense. The problem with having multiple packages is this could easily be interpreted as evidence that you intended to distribute the marijuana. Possession with intent to distribute is a much more serious charge, and it’s important to understand that the prosecution does not have to prove that you intended to sell the marijuana to bring this charge. You can be charged with intent to distribute for giving it away.

There’s no specific quantity required to trigger an intent to distribute charge. Even a very small amount could trigger this charge if the multiple packages strongly suggest that you were giving it out to multiple people. 

Law enforcement looks at what’s called the “indicia of distribution,” like baggies, scales, cash, or even your statements during an arrest, to make a decision about what you were doing and what they want to charge you with. If you’re carrying marijuana in several small bags, the police may argue you planned to sell or share it, even if it was for personal use. If you’re stopped with a few grams split into different containers, you could end up facing felony charges instead of a misdemeanor, even if you have a medical marijuana license.

If you do have a medical marijuana license, though, the situation changes slightly. Licensed patients can legally possess up to 3 ounces of marijuana flower in public or 8 ounces at home, plus other forms like concentrates or edibles. Having that marijuana split up into multiple packages does make it possible to complicate the situation. If you have more than the legal limit or if those packages appear in any way to be set up for sale, you could still face charges. 

The various circumstances of your arrest and the details of the marijuana will all matter here. For example, if you have the marijuana clearly labeled for your own personal dosing, then a drug trafficking lawyer may be able to argue persuasively that you had no intention of giving it away. However, if there are no markings on the packages, but there are large amounts of cash nearby, you’ll have a much harder time convincing the police that you were not selling marijuana.

One of the first things a lawyer will do in these situations is take a look at whether the search was legal. If the police conducted the search improperly or did not have probable cause and a warrant, then it might be possible to suppress the evidence, including the marijuana in its separate baggies. If the prosecution doesn’t have that evidence, they may not be able to bring a charge at all, or they may have to settle for a lesser charge.

Another strong strategy if the amount was fairly small is to argue that it was for personal use and not for distribution. If you have a medical marijuana license, this may allow you to avoid a charge completely. But even if you don’t, if the amount is small enough and your lawyer can show it will be very difficult to prove you actually intended to distribute the marijuana, the charge may be lowered to simple possession, which is a misdemeanor.

Another possibility is to take a look at whether your rights were violated at any point in the process of your arrest. If they were, this gives your lawyer some room to negotiate a plea deal or other bargain that may work in your favor.

Sometimes, it may be possible to challenge whether the evidence itself was properly handled once the police got a hold of it. If there were any breaks in the chain of custody or any issues at the testing facility, it may be possible to exclude some of the evidence.

There are some cases where Oklahoma law will allow you to go into a diversion program. These are usually only available for first-time offenders, though there are some exceptions, and if you follow these court programs successfully it may be possible to have the charges dropped.

If police find marijuana in multiple packages during a traffic stop, search, or investigation, their first move is typically to arrest you. During the arrest, anything you say can be used to build a case against you, so it’s best to politely refuse to answer any questions and ask for your lawyer. The police may attempt to engage you in conversation to get you to say something. Don’t fall for this. Just because it’s not an official “interrogation” does not mean you’re safe. You have the right to remain silent, and you should use it.

As you work with your attorney, bear in mind that you don’t have to prove that you’re innocent. You just have to keep the prosecution from proving beyond a reasonable doubt that you are guilty. The burden of proof lies on the prosecution, so don’t be surprised if your lawyer is more interested in poking holes in the prosecution’s case than an actually trying to prove definitively that you are innocent. Trust your lawyer, work with them, be honest with them about the situation and about your history, and take your lawyer’s advice about how to conduct yourself in the courtroom, what to say or not say, and what’s best for your future.

Contact us today at Cannon & Associates in Oklahoma City if you or someone you love has been charged with a marijuana crime. We are Oklahoma City’s fiercest advocates for criminal defense and will work hard to protect you and your rights.