Possession of drugs with intent to distribute
Federal law states that you can face jail time and fines if you possess a controlled substance with the intent to distribute the drug because it is illegal. This crime can best be explained when broken down into three components: possession, intent to distribute, and possession with intent to distribute. By law, to be charged with possession for the purpose of distribution, all three counts of the crime must be committed. These laws are no longer just federal laws, as many states have adopted this definition as well. The legal process of a drug charge can be complex, and you may benefit from the help of a drug possession attorney if you are facing criminal charges.
Possession of drugs
In most states and according to the federal government, it is illegal to possess a controlled substance. The term “in possession” doesn’t just mean in a person’s hands, purse, or pockets, but can also mean that a controlled substance is under someone’s control. This means that someone can be charged with possession of a controlled substance if the drugs are in their home or in their car.
To be charged with possession of a controlled substance, the person must know there are drugs there. The person had to know that they acquired or received drugs or knew that they had drugs in their home, car, pockets and chose not to get rid of them. In many cases, the court goes a little further and someone can be charged with possession of a controlled substance even if they should have known the drugs were there. Because it is quite broad, the prosecution has an easier time getting a conviction on a possession charge. You can benefit from having a trusted Bloomington, Illinois drug possession attorney by your side during the legal process.
Intent to distribute
In order for someone to be convicted of distributing a controlled substance, the court will have to prove exactly what they planned to do with the drugs. Since courts do not read minds, they will need to be able to show intent based on the surrounding circumstances. For example, if a person is in possession of a large amount of drugs that would be too large for personal use, it can be assumed that they will sell the drug. Another way to infer what someone planned to do with the drugs is if there is packaging material, a large amount of cash in small dollars, drug paraphernalia, or customer communications.
Possession with intent to distribute
Someone cannot be charged with possession with intent to distribute unless there is both proof of possession and intent to distribute. For example, if someone is in possession of a small amount of a controlled substance, they will likely not be charged with intent to distribute or vice versa, but if it is clear that someone intends to sell a large amount of drugs, the drugs are not yet in their possession, they cannot be charged with possession with intent to distribute. However, there are various state penalties that are different in many states.
Thanks to our friends and associates at Pioletti & Pioletti Attorneys at Law for their insight into criminal defense and drug possession.
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