Because of the stiffer felony penalties imposed for


Problem Solving Exercise - Possession and Intent to Sell:  Because of the stiffer felony penalties imposed for possession with the intent to sell versus mere possession, many states forbid prosecutors from assuming that there is an intent to sell based on the defendant's mere possession of a controlled substance.  A suspected drug dealer is arrested with nine baggies of marijuana in his possession, a marijuana pipe, a bag of marijuana seeds, and $20 in cash on his person.

1. What are the chances that he could be charged with possession with the intent to sell in this situation? Why?

2. What if he had $20,000 in cash on his person, 100 baggies of marijuana in his possession, and only a bag of marijuana seeds?  Would you feel differently about charging him with intent to sell? Why or why not?

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Dissertation: Because of the stiffer felony penalties imposed for
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