Federal law states that you can be punished with jail time and monetary fines if you possess a controlled substance with the intent to distribute the drug, as it is illegal. This crime can be better explained when broken down into three components: possession, intent to distribute, and possession with intent to distribute. By law, to be charged with possession with intent to distribute, all three components of the offense must have been committed. These laws are no longer just federal laws, because many states have adopted this definition as well. The legal process of a drug charge can be complicated and you may benefit from the assistance of a drug possession lawyer if you are facing criminal charges.
Drug Possession
In most states and according to the federal government, it is illegal to possess a controlled substance. The term “in possession” not only means that it is in the person’s hands, purse, or pockets, but it can also mean that the controlled substance is under someone’s control. This means that someone can be charged with being in possession of a controlled substance if the drugs are in their home or in their car.
In order to be charged with being in possession of a controlled substance, a person needs to know that there are drugs there. The person would have to have known that he obtained or received drugs or knew that there were drugs in her house, because, pockets and things not to dispose of them. In many cases, the court goes a little further and someone can be charged with possession of a controlled substance even if she should have known the drugs were there. Because this is quite broad, it makes it easier for the prosecution to obtain a conviction on a possession charge. You can benefit from having a trusted drug possession lawyer in Bloomington, IL by your side throughout the legal process.
Intent to distribute
In order for someone to be convicted of distributing a controlled substance, the court will need to prove exactly what the person planned to do with the drugs. Because courts are not mind readers, they will need to be able to show intent based on the surrounding circumstances. For example, if a person got their hands on a large quantity of drugs that would be too large for personal use, it might be assumed that they were going to sell the drug. Another way to infer what someone was planning to do with the drugs would be if he has packaging materials, a large amount of cash in small dollar denominations, drug paraphernalia, or customer communications.
Possession with Intent to Distribute
Someone cannot be charged with possession with intent to distribute unless there is simultaneous proof that they were in possession and there was intent to distribute. For example, if someone has a small quantity of a controlled substance in their possession, they may not be charged with intent to distribute or vice versa, if it is clear that someone intends to sell a large quantity of drugs, however, the drug is 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 collaborators at Pioletti & Pioletti Abogados for their knowledge of criminal defense and drug possession.
