Though some states have legalized the use of marijuana, not all have. When people are caught with marijuana and other illegal drugs, they may face serious drug charges.
The penalties for such charges are quite strict and can have a major impact on the lives of those facing them, especially if they face charges for distribution. A few important elements help to determine possession with intent to distribute.
Proving possession
Establishing possession of a controlled substance is a critical part of the process. Simply stated, if the government cannot show that the defendant knowingly had the substance, it would be hard to prove that person was trying to sell it. It is also important to understand that a charge for possession of a substance does not only occur when people have the substance on their person. If it is within their control, meaning being in their living or workspace, or any other area that is their personal property, a possession charge may stick.
Intent to distribute
Most people do not blatantly admit that they intend to sell illegal substances. Therefore, the courts look for evidence that shows possible intent. One of the most critical elements is the amount of the controlled substance. If a person has a small amount of the substance, the court will most likely see it as for personal use. However, in cases where there are large amounts, or if there is additional evidence, such as client calls, packaging material, large amounts of money or drug paraphernalia, the distribution charges may stand.
In many ways, a possession with the intent to distribute charge has a great deal to do with perception. A knowledgeable attorney with experience can help to create a compelling defense that shares evidence to prove the innocence of the accused party and brings doubt to the prosecution’s case. For those who may face such charges, an attorney can also help to explain the possible options so that they may select the best choice for their situation.