It is illegal to possess, use or transfer many types of drugs. With exceptions for medications available over the counter, most drugs are subject to strict medical oversight. Certain others are illegal regardless of the circumstances.
The least serious drug charge an individual might face is simple possession. When an individual has detectable amounts of illegal drugs in their bloodstream or has drugs in their possession, the state can charge them. Occasionally, prosecutors decide to bring more serious charges against defendants. They may allege that an individual possessed drugs with the intent to distribute them to others.
Such allegations are relatively serious and can have major implications for the accused individual. People expecting a straightforward criminal case may end up facing felony charges that make them look like career criminals. How can prosecutors justify bringing possession with intent charges instead of simple possession charges?
By questioning claims of personal use
Simple possession charges arise in scenarios where a defendant can credibly assert that the drugs in their possession were for personal use only. If an individual has a particularly large amount of drugs in their possession, that can look like an attempt to distribute drugs to others.
Possessing a large quantity of one substance or an assortment of different drugs could both potentially lead to prosecutors bringing possession with intent charges against a defendant. The amount of the substance required to upgrade the charges varies depending on the type of drug.
By highlighting paraphernalia possession
Sometimes, the state prosecutes people for possessing drug paraphernalia. Other times, paraphernalia may help the state justify more serious criminal charges.
When the paraphernalia could play a role in repackaging drugs, that can raise questions about the intent of the person in possession of those drugs. Scales and individual packaging can make the state question an individual’s intent.
Similarly, consumption tools for drugs can sometimes lead to allegations of possession with intent. If individuals have disposable consumption tools or multiple consumption tools in their possession, that may look like an attempt to facilitate single-use sales to other people.
Defendants facing possession with intent charges are at risk of significant penalties and a more serious criminal record. Fighting back against possession with intent charges often requires an understanding of state law and a thorough review of the state’s evidence.