Hes still locked up unfortunately, they offered to let him out in a year and a half if he talked, but uhhhhh........ FUCK THAT!!!
He'll be out in like 2008-09 , hopefully.
Prolly wouldnt have been so bad if he hadnt had the shroomie bagged up in 1/8 . 1/4's and Oz's. Along with the herb bagged up in halfs and O's. What a dumbass eh?
Yeah, many jurisdictions have statutes that allow the presumption of intent to distribute under such circumstances. One may attempt to refute that presumption at trial but it is difficult and expensive. My friend had similar situation : 16, one-oz. baggies mj. Car was inoperable so he put his plates on a different vehicle and went off to make his delivery. Mistake. Never do 2 illegal things simultaneously, is my other friend Bob's advice. He's a former bankrobber ( 9 years served) and his opinion is worth listening to.. I forget what the probable cause for the stop was but things quickly went from bad to worse.
My friend's defense at trial was that he is old (so on the rare occassions when he can score he has to stock up), and that each ounce was separately packaged NOT because he had intent to distribute but because he had to do like 'portion control'. Like if you bought half a cow and cut it up into individual packages and froze them. That wouldn't imply that you were going to open a butcher shop, ya know? And that way he could limit his intake and gauge when he'd be needing some more.
Well, the jury was wanting to get home, and what the hell, we all know this is a lot of bs, and it WAS kinda funny to hear this guilty old bastard talk through his teeth all sincere. He charmed them and gave them an out and they took it. It cost Mike $30K and that was some years ago.
Of course he was convicted for the plates and possession, it was just the 'intent to distrbute' part he beat but that was good enough and kept him home instead of elsewhere. Pretty pricey though.
I wish your friend luck, and am glad he's stand-up about the blabbing. They work that angle hard.