Reply #85: Not always. But someone ought to take that particular piece of legal fiction to SCOTUS.

[Wizard777]

Multiple baggies goes to ability. Not motive. In fact everyone I know that's been charged that way had no actual intent to sell it. That law simply alleviates the states burden of proof. They only have to show ability. Motive and opportunity become irrelevant. Besides in this case the felony charge was based on weight and not multiple baggie. He would have been the same even if it was in one baggie.