MikeLigalig.com

Obie Juan is suspected to have in his possession an unspecified amount of methamphetamine hydrochloride or “shabu”. An entrapment operation was conducted by police officers, resulting in his arrest following the discovery of 100 grams of the said dangerous drug in his possession. He was subjected to a drug test and was found positive for the use of marijuana, another dangerous drug. He was subsequently charged with two crimes: Violation of Section 11, Article II of RA 9165 for the possession of “shabu” and violation of Section 15, Article II of RA 9165 for the use of marijuana.

a) Are the charges proper? Explain.

b) So as not to be sentenced to death, Obie Juan offers to plead guilty to a lesser offense. Can he do so? Why? (5%)

I dont think that 100 grams could put him to death.

Heres why;

The basic, mandatory minimum sentences under federal law are:

ten grams equals five years in prison; and
100 grams equals ten years in prison