Div>Music. Hi, this is Mike Haber. Thank you for asking me about how weight is calculated for drug trafficking purposes. This is an excellent question and it has a simple, although not a criminal defense or defendant friendly answer.
The answer is that they weigh everything; each and every last atom of everything that they impound. The language that the statute uses for controlled substances is any salt derivative, isomer, or salt of an isomer thereof. Florida defines a mixture as a solution or a dosage unit, including but not limited to a gelatin capsule, pill, or tablet containing a controlled substance.
So, if you have powdered cocaine, they're going to weigh it. They don't and won't separate the cocaine from the cut; they'll weigh it all. And if you have pills like ecstasy or oxycodone, they'll weigh them whole and intact. They won't separate the opiate or other controlled substances from any other substances that may be contained in the pill or tablet.
If you're caught cultivating marijuana, they'll weigh the whole plant, including the roots and stems. Whatever weight the cops swear to the state, it's almost certain that they will try to hold you accountable for it. You're always free to have a defense expert re-weigh the substance in question, but what you're not permitted to do is argue that the controlled substance should be separated out and that you should only be held accountable for the actual weight of the controlled substance itself.
Thank you for your question. I appreciate you having asked it, and I invite you to ask me more. Please remember Michael A. Haber, PA. It's all about reasonable doubt. And if you like this video, subscribe. We'll be putting out more soon. Music.