Challenging Drug Weight Calculations in Drug Possession Cases

In criminal cases involving possession of drugs, the quantity of drugs in the defendant’s possession is a key factor in evaluating the severity of the charges and the potential penalties the defendant could face. An effective defense will challenge the accuracy of drug measurements and could mean the difference between a manageable sentence and one that could be devastating.

Robert Elmen is a drug possession attorney who defends people throughout Michigan. He can develop a legal strategy that will challenge the drug measurement calculations and help you avoid the most severe consequences of Michigan drug possession charges.

Contact Elmen Legal today to schedule a free and confidential appointment to discuss your situation and how Mr. Elmen can assist you.

Why Does Drug Weight Matter in Drug Possession Cases?

The quantity of drugs in the defendant’s possession can heavily impact sentencing in a drug possession case. Higher amounts of drugs lead to more severe penalties, including jail time, fines, probation, and a permanent criminal record.

Prosecutors use various methods to calculate the amount of drugs in a person’s possession. The accuracy of the method used can drastically affect the severity of the sentence a defendant faces if convicted.

How Are Drug Weights Calculated in Cases of Drug Possession?

Prosecutors use different methods to calculate the amount of drugs in a person’s possession. Common methods used to calculate the quantity of drugs in a person’s possession include:

• Actual seizure. This is the total weight of the drugs seized by law enforcement. It almost always includes cutting agents, which increase the weight of the drugs allegedly in the defendant’s possession and the severity of the potential penalties.
• Purity analysis. In cases involving drugs like methamphetamine and heroin, the purity of the drugs in a person’s possession can be a factor.
• Extrapolated estimates. In cases where a defendant is charged based on circumstantial evidence, like wiretaps or witness testimony, prosecutors can estimate the amount of drugs they believe was in the defendant’s possession.
• Aggregate quantities. When multiple transactions are involved, prosecutors often combine the weights of all drug transactions to determine the total amount of drugs allegedly in a defendant’s possession.

While each of these methods is intended to identify the total amount of drugs in a defendant’s possession, they are far from perfect. Prosecutors can manipulate drug weight calculations to reflect a larger amount of drugs, thereby increasing the severity of the penalties a defendant faces.

A skilled drug possession lawyer can challenge the methods used to calculate drug measurements. Reducing the amount of drugs allegedly in a person’s possession can dramatically lower the severity of the penalties a defendant might face, which could mean the difference between a manageable sentence and a devastating one.

Common Errors in Drug Weight Calculations

Law enforcement agents can make mistakes when calculating drug weights. Some of the most common mistakes in calculating drug weight include:

• Contamination. When substances are being tested in the lab, improper handling can lead to contamination, which can affect the accuracy of measurements.
• Faulty scales. The equipment used to calculate the quantity of drugs must be carefully calibrated. A malfunctioning scale can result in an incorrect measurement.
• Inclusion of non-drug materials. The inclusion of non-drug items, like packaging, cutting agents, or other non-drug materials, can inflate the weight of the drugs.
• Purity. Government agents may include non-drug materials when calculating the weight of drugs in a defendant’s possession.
• Aggregation errors. Combining the weight of drugs in multiple transactions can result in calculation errors.

How to Challenge Drug Weight Calculations

A skilled drug possession lawyer can identify areas where the government’s calculations may be flawed and use these inaccuracies to challenge the state’s cases and negotiate a favorable resolution. Strategies a drug possession lawyer may use to challenge the accuracy of drug weight calculation include:

1. Demanding accurate evidence. A defense attorney can challenge the accuracy of drug weight calculations by cross-examining lab technicians, requesting documentation to verify the accuracy of the scales used to calculate the drug weights, and demanding a detailed chain of custody to ensure the evidence was not altered, tampered with, or contaminated.
2. Hiring an Expert Witness. A forensic chemist can challenge drug weight calculations by testifying about drug testing procedures, conducting an independent analysis of the drugs in question, and disputing the government's methodology for calculating drug weight.
3. Challenging extrapolated estimates. In cases where the state uses extrapolated estimates, a defense attorney can challenge the accuracy of the methodology by questioning the reliability of witnesses, arguing that the government’s methods are speculative and unsupported by the evidence, and identifying other inconsistencies in the prosecution’s case.
4. Filing pre-trial motions. A drug possession lawyer can challenge the admissibility of drug weight calculations by filing a Motion to Suppress Evidence. If the government’s methods for calculating drug weights were flawed, the Motion would request that certain evidence not be admitted, which could lead to a substantial reduction in the quantity of drugs attributed to the defendant.

Why You Need an Experienced Drug Possession Attorney

Challenging the quantity of drugs in a defendant’s possession is a key factor in defending against drug possession charges. A conviction can carry serious consequences, but the factors that affect the severity of the charge — including unreliable witness testimony — can and should be contested. Elmen Legal fights to challenge unreliable witness testimony and build a strong, effective defense strategy for those facing drug possession allegations.