If I was arrested for possession of marijuana but had a little less than 4 ounces, why am I getting charged with a felony?

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If I was arrested for possession of marijuana but had a little less than 4 ounces, why am I getting charged with a felony?

I read that anything under 2 pounds is a misdemeanor in my state. I don’t understand why it would be a felony.

Asked on April 25, 2012 under Criminal Law, Missouri

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

In most states possession of marijuana becomes a felony if there was possession with "an intent to deliver" (i.e. sell the marijuana). Four ounces is a relatively small amount to be charged with an intent to deliver, but that is the only time I know of when a simple possession offense can be charged as a felony.


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