Its pretty discretionary here, but with that much, I promise he would be charged with a felony just on the aggregate weight. I have a case like that now I represent a doctor's kid who is a student at a very expensive college. He bought two oz in 1/4 baggies from a guy that was selling out of a drive through restaraunt window. This kid drives a $40K vehicle, had $6K in his bank account when busted (allegedly ran a stop sign, had it sitting in the car in plain view, plus the cop could smell it), has good grades and the money is forensically traceable as coming directly and entirely from his father. He had no cash to speak of on him when he was busted, no empty baggies in the car, ect.... He bought 2 oz at the time, so he could keep it in his freezer and wouldn't have to risk getting busted by exposing himself to multiple buys of smaller amounts He is charged with felony possession with intent to distribute. I think they will have a hard time proving intent to distribute, but probably are bluffing so I will offer to plead him to "possessing more than 30 grams but less than 250", which is still punishible by up to 1 year in jail and $1K fine, whereas as currently charged as a felony, subjects him to up to 3 years and $3K fine.