Drug Possession with Intent to Distribute is a felony drug offense. But how and when a drug distribution offense is charged varies from state to state.
Some states have specific drug quantities that automatically result in an intent to distribute charge. For example, over 1oz of marijuana may be considered a quantity that could suggest distribution.
However most states allow for broad interpretation for an intent to distribute charge, if drugs are found. It is even possible to be charged with intent to distribute for having trace amounts of a controlled substance, depending on the surrounding evidence. Some states like Massachusetts have no minimum quantity for felony drug charges for intent to sell.
Factors that could lead to a distribution drug charge include:
- How the drugs are packaged – even a couple of small baggies for your personal use could invoke a felony drug distribution charge.
- Common household items in your home. Small plastic bags, twist ties, scales, packaging materials etc.
- Having a significant amount of cash in your possession or in your home.
Federal Drug Distribution & Selling
Can You Beat A Possession with Intent to Deliver Charge?
Yes, there are always legal defense options.
Motion to Suppress
Whatever circumstances lead to the alleged discovery of the controlled substances, or items allegedly related to the drug distribution trade can be challenged if the search itself was done without a proper warrant, procedures, or exigent circumstances.
Did the police have a legal right to search you car, home, or person? Did you consent to a search? If not, any evidence was illegally obtained, and should be suppressed in court.
Police and district attorneys are regularly know to “over charge” drug distribution offenses. Even if they don’t think it will stick if brought to a judge, they can try to use a felony drug charge threat as leverage, possibly to provide information on dealers, or just to get you to plead to a lesser charge.
So if you are accused of intent to distribute, but really only had a small amount of drugs in a couple of baggies, we can challenge that offense and call their bluff. When you have an experienced criminal defense lawyer arguing on your behalf, the prosecutor may drop the charges, admitting that the evidence probably doesn’t support them.
Also known as:
- Drug Possession with Intent to Sell
- Possession of a Controlled Substance with Intent to Deliver