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The whole idea in one picture
Cross the line on weight and a possession case can turn into a supply case on the spot. Here's the shift, step by step — and where it lands on you to push back.
Every state sets a cut-off amount for each drug. Get caught with that much or more and you can be charged with "deemed supply" — treated as if you were selling, based on the weight alone.
Exact cut-offs differ by state — see your state's figures further down.
Drugs are found on you, in your car or in your home — and the amount is at or over the line. From there, the quantity alone can carry the charge. Police may also point to:
Less serious matters can stay in the local or magistrates' court; bigger ones go to a higher court. The case usually comes down to three questions:
Penalties where you are
Treated as "deemed supply". This is the maximum; actual sentences depend heavily on the drug, the amount and the circumstances.
Because the charge rests on an assumption, a lot of the work is about challenging it. Common arguments include:
The drugs were all for you, not for selling or sharing.
They weren't yours, or were outside your control.
Police gathered the evidence without the power to.
The actual amount is below the trafficable cut-off.
Challenging the "deemed supply" assumption is detailed work — we can point you to criminal lawyers who handle these cases in your state.
Read this first
This page explains how these charges generally work — it can't tell you what will happen in your case. Penalties shown are the legal maximums, which courts rarely reach. Because the supply assumption can often be challenged, getting a criminal lawyer early matters here.
