Drug possession is arguably the least severe drug crime prosecuted regularly, although it can still result in felony charges and significant consequences. However, when compared with offenses related to drug trafficking or distribution, possession is certainly less serious.
Sometimes, people expecting the state to bring simple possession charges end up facing more serious possession with intent to distribute allegations. Such charges are felonies with much more significant penalties attached.
When does drug possession become a possession with intent offense?
When the amount exceeds a certain limit
Police officers gathering evidence of a drug crime collect any paraphernalia and drugs that they find. The weight of the drugs has a direct impact on the charges an individual faces.
There are certain weight thresholds for different substances. Someone in possession of large amounts of a specific drug could face possession with intent charges even if they insist the drugs were for their personal use. A collection of different types of drugs can also lead to questions about whether someone intended to consume those drugs themselves.
When the circumstances are suspicious
There are several other details that can convince professionals or prosecutors that someone possessed drugs with an intent to distribute them. Certain types of paraphernalia, including scales and packaging equipment, could lead to questions about an individual’s intent regarding the drugs that they possessed.
An unusual number of visitors coming in and out of someone’s home could lead to questions about their intent with the drugs in their possession. Finally, prior convictions for offenses related to distribution or trafficking could lead to questions about an individual’s intentions with the substances that police officers found.
The more serious pending drug charges are, the more important it becomes to develop a thorough criminal defense strategy. Learning about the law and reviewing the state’s case with a skilled legal team can help people respond effectively to allegations that they intended to distribute drugs to others.