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 it, as it is illegal. This offense can best be explained by dividing it into three components: possession, intent to distribute, and possession with intent to distribute. By law, to be charged with possession with the 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 also adopted this definition. The legal process for a drug charge can be complicated and you can benefit from the help of a drug possession attorney 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” does not only mean 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 your home or in your car.

To be charged with being in possession of a controlled substance, the person needs to know that there are drugs there. The person should have known that they obtained or received drugs or knew that there were drugs in their home, car, pockets and decided not to dispose of them. In many cases, the court goes a little further and someone can be charged with possession of controlled substances even if they should have known the drugs were there. Because this is quite broad, it is easier for the prosecution to obtain a conviction on a possession charge. You can benefit from having a Bloomington, IL drug possession attorney on your side throughout the legal process.

Intent to distribute

For someone to be convicted of distributing a controlled substance, the court must show exactly what the person planned to do with the drugs. Because the courts are not mind readers, they will need to be able to demonstrate their intent based on the surrounding circumstances. For example, if a person had a large quantity of drugs that would be too large for personal use, it could be assumed that they were going to sell them. Another way to infer what someone was planning to do with drugs would be if they have packaging materials, a large amount of cash in small dollar values, 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 amount of a controlled substance in their possession, it is likely that they will not be charged with the intent to distribute or vice versa, if it is clear that someone intends to sell a large amount of drugs, without However, the drugs are not yet in his possession, they cannot be charged with possession with the intent to distribute them. However, there are various state penalties that are different in many states.

Thanks to our friends and collaborators at Pioletti & Pioletti Attorneys at Law for their knowledge of criminal defense and drug possession.